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System Evolution through the African Commission’s Rules of Procedure

  • Kofi Oteng Kufuor
Chapter
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Abstract

The rules of procedure of an international organization have been assigned the status of international law and are therefore legally binding on the member states of the organization. In this line of thought then, rules of procedure of the organs of international organizations have the same legal standing as the norms of international treaty law. Other observers see rules of procedure as the internal law of an international organization. Still others see in the procedural rules of international organizations a new body of legal rules, independent of either the international public law or the internal law of states.1

Keywords

Provisional Measure Primary Rule African Charter Secondary Rule African Commission 
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Notes

  1. 1.
    For a study of these perspectives on rules of procedure see Jan Kolasa, Rules of Procedure of the United Nations General Assembly: A Legal Analysis (1967) Wroclad: Zaklaw Narodowy im. Ossolinskich.Google Scholar
  2. 2.
    See H.L.A. Hart, The Concept of Law (1961) Clarendon Press: Oxford, pp.91–92.Google Scholar
  3. 7.
    See Vincent Nmehielle, The African Human Rights System: Its Laws, Practices and Institutions (2001) Kluwer Academic: The Hague, pp.220–222.Google Scholar
  4. 8.
    On its promotional role and the impact of the same, see Victor Dankwa, “The Promotional Role of the African Commission on Human and Peoples’ Rights,” in Malcolm D. Evans and Rachel Murray, The African Charter on Human and Peoples’ Rights: the System in Practice 1986–2000,(2002) Cambridge University Press: Cambridge, pp.335–352.Google Scholar
  5. 9.
    On site visits can raise the profile of human rights issues. By making people, national and internationally, aware of a particular human rights situation, the onsite visit can help mobilize resistance to human rights abuses. See Joan Fitzpatrick, “States of Emergency in the Inter-American Human Rights System,” in David J. Harris and Stephen Livingston (eds.) The Inter-American System of Human Rights (1998) Clarendon Press: Oxford, pp.371–394.Google Scholar
  6. 11.
    It is a normal practice of the Commission to adopt resolutions at the end of its sessions. A collection can be found in Rachel Murray and Malcolm D. Evans (eds.) Documents of the African Commission on Human and Peoples’ Rights (2009) Hart Publishing: Oxford.Google Scholar
  7. 18.
    See Rosemary Sandford, “International Environmental Treaty Secretariats: Stage Hands or Actors?” in Green Globe Yearbook of International Co-operation on Environment and Development (1994), pp.17-29, p.17. See also generally, Abram Chayes, Antonia Handler Chayes and Ronald B. Mitchell, “Managing Compliance: A Comparative Perspective” in Edith Brown Weiss and Harald Karan Jacobson (eds.) Engaging Countries: Strengthening Compliance with International Environmental Accords (1998) MIT Press: Cambridge, Massachusetts, pp.36–62Google Scholar

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© Kofi Oteng Kufuor 2010

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  • Kofi Oteng Kufuor

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