Documents of the African Commission on Human and Peoples' Rights - Volume 1, 1987-1998

Rachel Murray is a Professor of Law at the University of Bristol. Malcolm Evans is Professor of Human Rights Law at the University of Bristol.

• Theoretical issues: introduction; restraints of the present discourse; opposing dichotomies; the scope of this study; conclusion; brief note on material. Evolution of the African Charter and status of ratification: introduction; contents of the African Charter; the role of the African Commission; functions of the African Commission; an African court on human and people's rights. The notion of the state: introduction; relevance of notion of the state; the differences between traditional and Western structures; the African state as a mixture of pre-colonial and Western structures; impact of the notion of the state on the relationship between state and individual; conclusion. The issue of personality: preliminary considerations; the state; the individual in the African system; the role of non-governmental organisations in the African system; peoples in the African system; the international community; conclusion to the issue of personality. The dichotomy of laws applicable in times of war and peace: introduction to the approach of the African Commission; the Lacuna in internal conflicts; the utility of a closer integration of humanitarian and human rights laws; the respective protection offered by humanitarian and human rights laws; enforcement dependant on the will of states or community action; enforcement of the two sets of laws; reservations; the maintenance of an international order; conclusion. The amicable/judicial dichotomy: introduction; settlement of disputes in other international bodies; the features of amicable and judicial approaches; effectiveness; the relationship between amicable and judicial - opposing dichotomies. Conclusion. Appendices.