Emory International Law Review

Volume 33Issue 2
Articles

The Unique Jurisdiction of the African Court on Human and People’s Rights: Protection of Human Rights Beyond the African Charter

Yakaré-Oulé (Nani) Jansen Reventlow & Rosa Curling | 33 Emory Int'l L. Rev. 203 (2019)

The African Court on Human and Peoples’ Rights (the Court) is explicitly mandated to consider violations under any relevant human rights instruments as ratified by the concern Member States under Article 3 of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Humans and Peoples’ Rights (the Protocol). This Article summarizes the legal mandate given to the Court by the Protocol, provides an overview of the Court’s case law as it relates to the interpretation of this mandate, argues that the Court does not yet have a consistent approach on matters of jurisdiction, and explores routes the Court could take in this regard.

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A Gendered Refutation of Epiphenomenal Norms Through the Median Voter: A Case Study of India’s CEDAW Compliance

Shritha Vasudevan | 33 Emory Int'l L. Rev. 223 (2019)

This Article hypothesizes on the reasons behind India’s Declaration to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Article 5(a) as a manifestation of the intensive compliance deadlock over its due diligence obligation which castigates traditional, cultural attitudes as responsible for gender-based violence. A qualitative analysis of two historical moments when India was confronted with an empirical conflict of the CEDAW’s due diligence obligation: the sati of Roop Kanwar in 1987 and the Shah Bano judgment in 1985, even prior to its CEDAW accession in 1993 is undertaken, to argue that the rational choice theory of voting and elections perfectly explains non-compliance. This Article contests the position that norms are epiphenomenal and makes the case that only a study of gendered compliance alters the epistemological lens. This finding implies norms could be rationally restructured to make it in nations’ interest to comply, simultaneously contesting the post-positivist feminist IR contention that eschews the relevance of the mainstream discipline.

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