Since the end of the Cold War, there has been an acceleration in globalization, a process that ha... more Since the end of the Cold War, there has been an acceleration in globalization, a process that has resulted in significant increases in interaction between peoples and nations. As a consequence, it has become increasingly difficult for national governments to have full control over what happens within their territorial boundaries. In fact, globalization has made it quite difficult for national governments to exercise full control over their domestic economies and political processes. An important consequence of globalization is the internationalization of constitutional law. This process has resulted in the virtual disappearance from almost all countries of the concept of complete and absolute sovereignty. In fact, many States, including those in Africa, now enjoy only an attenuated form of sovereignty, one that is characterized by the failure of States to have complete control over the determination of the content of their national constitutional law. Thus, in constitutional design and interpretation, States must take cognizance of international law, particularly international human rights instruments. While this internationalization of constitutional law can be viewed as an infringement on the sovereign right of African countries to determine the content of their national laws, this article argues that such interference, either through direct incorporation of provisions of international human rights instruments into national constitutions or reliance upon international and comparative sources as an interpretive device, is critical and important for the promotion of good governance and the recognition and protection of human rights in the continent.
that can prompt the informed public to join forces with civil society organizations in Africa to ... more that can prompt the informed public to join forces with civil society organizations in Africa to combat the bane of corruption, which has contributed to Africa's underdevelopment.
South Carolina Journal of International Law and Business, 2019
In the aftermath of the Cold War, Africans redoubled their efforts to fight impunity and violatio... more In the aftermath of the Cold War, Africans redoubled their efforts to fight impunity and violations of human rights. This renewed effort, however, was part of the struggle that started during the colonial period by Africans to free themselves from European domination and exploitation. Unfortunately, most post-independence African States failed to fully transform the critical domains and provide themselves with institutional arrangements capable of adequately constraining their civil servants and political elites. As a consequence, these countries came to be pervaded by high levels of government impunity, particularly the violation of human rights. During the last several decades, however, grassroots efforts to fight human rights abuses, presidential abuse of power, and government impunity, have increased throughout most African countries. These domestic efforts, coupled with those of the international community, have made it much
Journal of public finance and public choice, Apr 1, 1993
In questo scritto si tenta di esaminare l’effetto del cambiamento di regime politico sulla cresci... more In questo scritto si tenta di esaminare l’effetto del cambiamento di regime politico sulla crescita del sistema pubblico in Africa, prendendo come punto di riferimento il caso del Cameroon. L’ipotesi sottoposta a verifica è quella secondo cui la successione nel potere politico in sistemi di autocrazia limitata si accompagna ad una espansione nelle dimensioni del settore pubblico. Le stime effettuate, pur confermando l’ipotesi, devono tuttavia essere interpretate con cautela, perché quando al cambiamento di leadership si accompagna un cambiamento ideologico, come il passaggio da una visione pianificatrice ad una liberista o quando un regime militare, pervenuto al potere con la forza, non ha bisogno di acquisire consensi, le dimensioni del settore pubblico potrebbero rimanere invariate o anche ridursi.
Hastings International and Comparative Law Review, 2019
In recent years, impunity has become pervasive throughout most African countries. In some African... more In recent years, impunity has become pervasive throughout most African countries. In some African countries, impunity is due to the inability of national governments to bring perpetrators of human rights violations to account for their crimes. In others, impunity arises from the unwillingness of government to utilize the existing legal system to bring criminals, whether they are state-or non-state actors, to justice. Effectively combatting impunity in Africa must begin with the reconstruction of African States to provide democratic institutions, which are capable of adequately constraining the government and preventing civil servants and political elites from acting with impunity; and which make possible the bringing of all perpetrators of human rights violations, whether they are members of the government or not, to account for their crimes. While making certain that all African countries have legal and judicial systems that are capable of bringing to justice all individuals who commit international crimes in their jurisdictions is the first line of the fight against impunity in Africa, it is important to acknowledge the important role that international law can play in the anti-impunity effort. The international criminal justice system, as embodied in the International Criminal Court, is seen as an important and critical tool to fight threats to international peace and security. In addition, international programs, such as the Responsibility to Protect (R2P) and the Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity, add
Corruption-which, in one way or another, has been part of human interaction from time immemorial-... more Corruption-which, in one way or another, has been part of human interaction from time immemorial-remains one of the most important constraints to the creation of wealth and economic development in Africa. Throughout history, all economies, regardless of location, have been affected by some form of corruption. However, corruption has affected some economies more than others. 1 The nature and the extent of the impact that corruption has on various societies, economies, and political systems is determined, to a large extent, by the nature of each society's existing laws and institutions. 2 If, for example, a country's institutional arrangements guarantee the rule of law, and civil servants and politicians (i.e., state custodians) are adequately constrained by the law, then corruption and other forms of impunity will be minimized; impact on the economy and its inhabitants will be quite minimal. 3 If, on the other hand, the rule of law 4 is 1 See generally POLITICAL CORRUPTION: A HANDBOOK (Arnold J. Heidenheimer et al. eds., 1989) (providing a comparative examination of corruption over time and between political and economic systems); ROUTLEDGE HANDBOOK OF POLITICAL CORRUPTION (Paul M. Heywood ed., 2014) (providing a comprehensive study of corruption across countries and time); JOHN MUKUM MBAKU, CORRUPTION IN AFRICA: CAUSES, CONSEQUENCES, AND CLEANUPS (2010) [hereinafter MBAKU, CORRUPTION IN AFRICA] (arguing, inter alia, that corruption has emerged as one of the most important constraints to economic growth and development in post-independence Africa).
Arizona Journal of International and Comparative Law, 2016
This material published in Arizona Journal of International and Comparative Law is made available... more This material published in Arizona Journal of International and Comparative Law is made available by the James E. Rogers College of Law, the Daniel F. Cracchiolo Law Library, and the University of Arizona Libraries. If you have questions, please contact the AJICL Editorial Board at http://arizonajournal.org/contact-us/
Since the end of the Cold War, there has been an acceleration in globalization, a process that ha... more Since the end of the Cold War, there has been an acceleration in globalization, a process that has resulted in significant increases in interaction between peoples and nations. As a consequence, it has become increasingly difficult for national governments to have full control over what happens within their territorial boundaries. In fact, globalization has made it quite difficult for national governments to exercise full control over their domestic economies and political processes. An important consequence of globalization is the internationalization of constitutional law. This process has resulted in the virtual disappearance from almost all countries of the concept of complete and absolute sovereignty. In fact, many States, including those in Africa, now enjoy only an attenuated form of sovereignty, one that is characterized by the failure of States to have complete control over the determination of the content of their national constitutional law. Thus, in constitutional design and interpretation, States must take cognizance of international law, particularly international human rights instruments. While this internationalization of constitutional law can be viewed as an infringement on the sovereign right of African countries to determine the content of their national laws, this article argues that such interference, either through direct incorporation of provisions of international human rights instruments into national constitutions or reliance upon international and comparative sources as an interpretive device, is critical and important for the promotion of good governance and the recognition and protection of human rights in the continent.
that can prompt the informed public to join forces with civil society organizations in Africa to ... more that can prompt the informed public to join forces with civil society organizations in Africa to combat the bane of corruption, which has contributed to Africa's underdevelopment.
South Carolina Journal of International Law and Business, 2019
In the aftermath of the Cold War, Africans redoubled their efforts to fight impunity and violatio... more In the aftermath of the Cold War, Africans redoubled their efforts to fight impunity and violations of human rights. This renewed effort, however, was part of the struggle that started during the colonial period by Africans to free themselves from European domination and exploitation. Unfortunately, most post-independence African States failed to fully transform the critical domains and provide themselves with institutional arrangements capable of adequately constraining their civil servants and political elites. As a consequence, these countries came to be pervaded by high levels of government impunity, particularly the violation of human rights. During the last several decades, however, grassroots efforts to fight human rights abuses, presidential abuse of power, and government impunity, have increased throughout most African countries. These domestic efforts, coupled with those of the international community, have made it much
Journal of public finance and public choice, Apr 1, 1993
In questo scritto si tenta di esaminare l’effetto del cambiamento di regime politico sulla cresci... more In questo scritto si tenta di esaminare l’effetto del cambiamento di regime politico sulla crescita del sistema pubblico in Africa, prendendo come punto di riferimento il caso del Cameroon. L’ipotesi sottoposta a verifica è quella secondo cui la successione nel potere politico in sistemi di autocrazia limitata si accompagna ad una espansione nelle dimensioni del settore pubblico. Le stime effettuate, pur confermando l’ipotesi, devono tuttavia essere interpretate con cautela, perché quando al cambiamento di leadership si accompagna un cambiamento ideologico, come il passaggio da una visione pianificatrice ad una liberista o quando un regime militare, pervenuto al potere con la forza, non ha bisogno di acquisire consensi, le dimensioni del settore pubblico potrebbero rimanere invariate o anche ridursi.
Hastings International and Comparative Law Review, 2019
In recent years, impunity has become pervasive throughout most African countries. In some African... more In recent years, impunity has become pervasive throughout most African countries. In some African countries, impunity is due to the inability of national governments to bring perpetrators of human rights violations to account for their crimes. In others, impunity arises from the unwillingness of government to utilize the existing legal system to bring criminals, whether they are state-or non-state actors, to justice. Effectively combatting impunity in Africa must begin with the reconstruction of African States to provide democratic institutions, which are capable of adequately constraining the government and preventing civil servants and political elites from acting with impunity; and which make possible the bringing of all perpetrators of human rights violations, whether they are members of the government or not, to account for their crimes. While making certain that all African countries have legal and judicial systems that are capable of bringing to justice all individuals who commit international crimes in their jurisdictions is the first line of the fight against impunity in Africa, it is important to acknowledge the important role that international law can play in the anti-impunity effort. The international criminal justice system, as embodied in the International Criminal Court, is seen as an important and critical tool to fight threats to international peace and security. In addition, international programs, such as the Responsibility to Protect (R2P) and the Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity, add
Corruption-which, in one way or another, has been part of human interaction from time immemorial-... more Corruption-which, in one way or another, has been part of human interaction from time immemorial-remains one of the most important constraints to the creation of wealth and economic development in Africa. Throughout history, all economies, regardless of location, have been affected by some form of corruption. However, corruption has affected some economies more than others. 1 The nature and the extent of the impact that corruption has on various societies, economies, and political systems is determined, to a large extent, by the nature of each society's existing laws and institutions. 2 If, for example, a country's institutional arrangements guarantee the rule of law, and civil servants and politicians (i.e., state custodians) are adequately constrained by the law, then corruption and other forms of impunity will be minimized; impact on the economy and its inhabitants will be quite minimal. 3 If, on the other hand, the rule of law 4 is 1 See generally POLITICAL CORRUPTION: A HANDBOOK (Arnold J. Heidenheimer et al. eds., 1989) (providing a comparative examination of corruption over time and between political and economic systems); ROUTLEDGE HANDBOOK OF POLITICAL CORRUPTION (Paul M. Heywood ed., 2014) (providing a comprehensive study of corruption across countries and time); JOHN MUKUM MBAKU, CORRUPTION IN AFRICA: CAUSES, CONSEQUENCES, AND CLEANUPS (2010) [hereinafter MBAKU, CORRUPTION IN AFRICA] (arguing, inter alia, that corruption has emerged as one of the most important constraints to economic growth and development in post-independence Africa).
Arizona Journal of International and Comparative Law, 2016
This material published in Arizona Journal of International and Comparative Law is made available... more This material published in Arizona Journal of International and Comparative Law is made available by the James E. Rogers College of Law, the Daniel F. Cracchiolo Law Library, and the University of Arizona Libraries. If you have questions, please contact the AJICL Editorial Board at http://arizonajournal.org/contact-us/
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