The Interface Between National and International Law in Africa: Nigeria and Kenya in Comparative Perspective

2021 ◽  
Vol 2021 (1) ◽  
pp. 41-66
Author(s):  
Sylvanus Gbendazhi Barnabas ◽  
Donatus Onuora Okanyi
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
Legal System ◽  
Constitutional Law ◽  
African State ◽  
National Level ◽  
Current Approach ◽  
Comparative Approach ◽  
Special Focus ◽  
African Countries

This paper examines the interface between national and international law in Africa, with a special focus on Nigeria and Kenya, by comparatively examining both states. The choice of Kenya as a comparator is because, like Nigeria, Kenya is anglophone. Kenya has embarked on fairly recent constitutional reforms in relation to the position of international law in its legal system. The choice of Nigeria is because as an Anglophone African state, it represents the traditional attitude towards international law practised in Anglophone Africa. The purpose of the comparative analysis is to investigate whether there are lessons that Nigeria and other Anglophone African states may glean from Kenya’s constitutional law reforms. In addition to the comparative approach, the methodology is also doctrinal. It will be suggested that Anglophone African countries like Nigeria should adopt the current approach that Kenya has adopted towards engaging with international law at its national level.

Educação no Cárcere: Análise Comparativa das Legislações Brasileira e Argentina / Education in Prison: a Comparative Analysis of the Brazilian and Argentine Legislation

2017 ◽  
Author(s):  
Elton Dias Xavier ◽  
Roberta Cardoso Silva
Keyword(s):  
Comparative Analysis ◽  
Legal System ◽  
Comparative Approach ◽  
Regulatory Frameworks

ResumoO artigo tem como objetivo analisar, comparativamente, os marcos normativos legais que regulam a oferta de educação no âmbito prisional, no Brasil e na Argentina. A princípio, discutem-se alguns pontos relacionados à educação nas prisões. Dando sequência, apresenta-se a legislação bem como algumas discussões existentes no Brasil sobre o tema “educação no cárcere”. Em seguida, faz-se uma análise desses mesmos aspectos – legislação e estudos sobre o tema proposto – no contexto argentino. Após isso, é realizada uma abordagem comparativa em torno dasespecificidades e (in)congruências percebidas no ordenamento jurídico de ambos os países no que tange à legislação sobre educação em presídios. Por fim, são feitas algumas considerações acerca dos pontos discutidos no decorrer deste trabalho. AbstractThe article aims to analyze, comparatively, the legal, regulatory frameworks that rule the provision of education in the prison context in Brazil and Argentina. At first, we discussed a few points related to education in prisons. Then, it presents the legislation and some current discussions in Brazil on "education in prison.” In the same way, it makes an analysis of those aspects - legislation and studies on the theme - in the Argentinian context. After that, we performed a comparative approach of the specifics and (in)congruencies perceived in the legal system of both countries regarding the legislation on education in prisons. Finally, we made some considerations on the main points discussed in the article.

scholarly journals AKIBAT HUKUM PERATIFIKASIAN PERJANJIAN INTERNASIONAL DI INDONESIA: STUDI KASUS KONVENSI PALERMO 2000

2015 ◽  
Vol 1 (1) ◽  
Author(s):  
Wisnu Aryo Dewanto
Keyword(s):  
United States ◽  
International Law ◽  
Legal System ◽  
Legal Status ◽  
National Level ◽  
The United States ◽  
Legal Practice ◽  
Indonesian Government ◽  
International Obligations ◽  
Legal Consequences

<p><strong><em>A</em></strong><strong><em>bstract</em></strong><strong><em></em></strong></p><p><em>Ratification in</em><em> Indonesia does not have any legal consequences for the application of the treaties at national level.  The reason is that ratification only binds Indonesia as a subject of international law. In comparison, parliamentary approval in the Indonesian context is not the same as the United States Senate’s approval. </em><em>The Indonesian Government signed the Palermo Convention on December 12, 2000 and ratified it on April 20, 2009. The issue discussed here regards the legal status of this Convention.  In the 80’s it was assumed that any treaties ratified or acceded, would ipso facto be enforceable in Indonesia. I argued that Indonesia should be regarded as a state applying the monist approach, which legal practice seems to reject.  I stand for the monist approach especially with regard to the legal status of the 2000 Palermo Convention. In addition I also argue about the importance of differentiating between Indonesia’s international obligations and the issue of direct applicaton of the Convention by national couts.</em></p><p> </p><p align="right"><strong><em>Keywords: </em></strong><strong><em></em></strong></p><em>Ratification, Integration, Implementation, Treaty, Indonesia’s legal system</em>

scholarly journals Research on the Right of Innocent Passage in the Territorial Waters

2021 ◽  
Author(s):  
Shihao Yang ◽  
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
Legal System ◽  
Historical Analysis ◽  
Current Position ◽  
Depth Analysis ◽  
The Right

This article takes the relevant legal system of innocent passage in the territorial waters in international law as the research object, combines the knowledge of jurisprudence, comprehensively uses comparative analysis, historical analysis, and law hermeneutics. Based on an in-depth analysis of the innocent passage system, the relevant practices and positions of various countries about the innocent passage system in territorial waters are summarized, and various issues such as whether innocent passage system in territorial waters is applicable to the warships are discussed. And analyzes China’s current position and practice on innocent passage system, and then put forward suggestions for improvement.

Openness and Transparency

2020 ◽  
pp. 933-956
Author(s):  
Jane Reichel
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
International Organizations ◽  
National Level ◽  
Human Right ◽  
Public International Law ◽  
The Public ◽  
Global Context ◽  
Introductory Overview ◽  
Domestic Law

This chapter considers how the increased interest in access to official documents on the public international law level relates to the challenges posed to domestic laws with respect to transparency. It asks if international developments of greater access can compensate for the loss of transparency at the national level brought about by the de-nationalization of domestic law, and if so, how. Swedish domestic law is chosen as the case example here. The chapter provides an introductory overview of openness and transparency as a constitutional and administrative value in Sweden. Next, it examines openness and transparency in a global context. Transparency as a human right and also as an ideal for international organizations is then addressed. The chapter concludes with a comparative analysis.

Looking Beyond the National Constitution – The Growing Role of Contemporary International Constitutional Law. Reflections on the First Vienna Workshop on International Constitutional Law

2005 ◽  
Vol 6 (7) ◽  
pp. 1109-1120
Author(s):  
Anna-Verena Bauer ◽  
Christoph Mikulaschek
Keyword(s):  
Comparative Analysis ◽  
International Organizations ◽  
Legal System ◽  
Constitutional Law ◽  
Academic Community ◽  
Law Students ◽  
National Legal System ◽  
National Constitution

In a world of societies ever more closely interrelating to each other, lawyers face the challenge of crossing the borders of their national legal system and looking beyond its fundamental source of identity – the constitution. Having this thought in mind, Harald Eberhard, Konrad Lachmayer and Gerhard Thallinger organized the First Vienna Workshop on International Constitutional Law held on 20 and 21 May 2005, bringing together members of the academic community, legal officers in International Organizations and law students. The Workshop offered eight lectures and fruitful discussions on the comparative analysis of constitutional law thus providing a new impetus to a field of law of steadily growing importance to which, so far, too little attention has been given.

Rethinking the relationship between international and national law at the turn

2020 ◽  
Vol 22 (1) ◽  
pp. 33-42
Author(s):  
IGOR N. BARTSITS ◽  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Constitutional Law ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
International Treaties ◽  
National Courts ◽  
National Legal System ◽  
The Russian Federation

The article is devoted to revealing the specifics of the implementation of such areas of constitutional law as the constitutionalization of international law and the internationalization of constitutional law by the example of additions to Article 79 of the Constitution of the Russian Federation, as well as the practices of the Italian Constitutional Court, the Federal Constitutional Court of Germany, etc. The author examined in sufficient detail the procedures for extending the effect of international law and international treaties of Russia to the national legal system, analyzed the concept of counter-limits in European and national judicial practice, presented the basic principles of interaction between European and national courts (the principle of subsidiarity, the principle of proportionality, the principle of ‘sincere cooperation’, method of ‘dialogue of judges’). There is a need for an updated understanding of the term ‘constitutional sovereignty of the state’, which is based on domestic norms on fundamental rights and norms on the foundations of the constitutional system, which presupposes the inadmissibility of any foreign or international influence that violates the requirement of priority of the norms and principles of the national Constitution in the national legal system. The article substantiates the expediency of using the doctrine of counter-limits in the Russian Federation as an instrument of constitutional self-defense, ensuring constitutional sovereignty and preserving constitutional identity.

The Convention on the Law Applicable to Traffic Accidents

1971 ◽  
Vol 9 ◽  
pp. 189-216
Author(s):  
Hugo Fischer
Keyword(s):  
International Law ◽  
Legal System ◽  
Constitutional Law ◽  
Traffic Accidents ◽  
Private International Law ◽  
Draft Convention ◽  
The Hague ◽  
The Law ◽  
The Government ◽  
Government Of Canada

On October 26, 1968, the delegates to the Eleventh Session of The Hague Conference on Private International Law decided to submit, for consideration by their respective governments, a draft Convention on the law applicable to traffic accidents. Article 14 of the Convention permits ratification by a country which, like Canada, has a non-unified legal system, if the Convention has been extended to at least one of its jurisdictions. The Convention aims at uniformity in a branch of the law where, until now, to quote an eminent jurist, “case-to-case decisions [did] not add up to a system of justice.”Under Canadian constitutional law the implementation of the Convention requires provincial legislation. At the invitation of the government of Canada a delegate of the Conference of Commissioners on Uniformity of Legislation in Canada participated at the session in The Hague as a member of the Canadian delegation.

International Constitutional Law in Legal Education

2014 ◽  
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Summer School ◽  
National Level ◽  
Legal Education ◽  
Final Conclusion ◽  
Nation State ◽  
Comparative Constitutional Law ◽  
Summer Schools ◽  
Broad Understanding

The NICLAS Summer School was built upon the International Constitutional Law Approach (ICL), which unifies the debates on the constitutionalization of International Law and the Internationalization of Constitutional Law with Comparative Constitutional Law. A broad understanding of constitutional law beyond the nation state open up the comparison of constitutional topics on the international, European and national level. The summer school already initiated numerous publications, the book that is presented here is a final conclusion to this summer school project. It is a tour d’horizon through the different years and topics of the summer school. The contributions are written by summer school participants at various levels (teachers, students). The articles reflect the various topics and methodologies of the summer school as mentioned above and can also serve as examples for teaching materials for other summer schools, which deal with international constitutional law.

On the Implementation of International Law in the Constitutional Legal System of Russia: Theory and Practice

2021 ◽  
pp. 66-71
Author(s):  
Yu. V. Mishalchenko ◽  
N. V. Bugel’ ◽  
E. L. Egorova
Keyword(s):  
International Law ◽  
Legal System ◽  
National Level ◽  
Legal Order ◽  
Theory And Practice ◽  
European Court ◽  
Actual Direction ◽  
International Legal Order ◽  
Mechanism Of Interaction ◽  
Sociocultural Processes

Implementation of international law at the national level continues to be an actual direction for both theoretical and practical studies. Within the framework of the processes of globalization and integration, this issue is of particular importance. This article examines the theoretical aspects of the implementation of International Law in the constitutional legal system, as well as the features of the practice of making decisions by the European Court of Human Rights in modern conditions. The influence of sociocultural processes taking place in Western European countries on the interaction of national and international legal order. The purpose of the work is to analyze the theoretical and practical aspects of the implementation of International Law in the national legal system within the framework of integration processes that have a direct impact to the main spheres of society. In the course of the research have been used: formal logical and technical-legal methods. The authors made a number of conclusions about the modern mechanism of interaction between the national and international legal order.

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