Enyinna S Nwauche
Biographic Data
| ID | 3598561 |
|---|---|
| NAME | Enyinna S Nwauche |
| GIVEN NAMES | Enyinna S |
| FAMILY NAME | Nwauche |
| SIGNATURE | NWAUCHE E S |
| AFFILIATIONS | University of Fort Hare |
| ORCID | 0000-0003-1460-9493 |
| VERIFIED | Yes |
| TOTAL WORKS | 12 |
| TOTAL CITATIONS | 6 |
| AUTHOR COUNT | 12 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2005 |
| LATEST PUBLICATION YEAR | 2022 |
| H-INDEX | 2 |
Free, Prior and Informed Consent in Kenyan Law and Policy After Endorois and Ogiek
This article examines the Kenyan legal and policy framework as well as jurisprudence on the principle of free, prior and informed consent (FPIC) occasioned by the decision of the African Commission on Human and Peoples’ Rights (African Commission) in Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v Republic of Kenya ( Endorois ) and the judgment of the African Court on Human and Pe…
Ethics, values and legality in the restoration of cultural artefacts
As a relatively new democracy, South Africa is seeking ways to protect and promote its African heritage. As part of this process, there is increased interest in the repatriation of South African cultural artefacts, mostly taken during the colonial era, currently held in western museums. There are also increasing international calls for the repatriation of cultural artefacts from western museum collections back to their originating countries in th…
Examining restitution and repatriation options for cultural artefacts
This paper examines some of the ethical issues and repatriation options related to the return of museum artefacts taken from African countries, mostly during the colonial era. In the context of a relatively new democracy, like South Africa, determining the value of cultural artefacts held in foreign collections, and thus the urgency and priority of their repatriation, may be important. Using a value-based approach, this paper details the design a…
Extraterritorial human rights obligations from an African perspective
Even though the editors of this book, Lilian Chenwi and Takele Soboka Bulto, declare that their humble aim is to ‘address, among other things, the question of whether African regional human rights
The Right to Ritual Slaughter in Africa
Using examples of ritual slaughter recognized by different religions in Africa, this paper examines the regulated and unregulated exercise of the right to ritual slaughter as a manifestation of the right to freedom of religion in three constitutional traditions in Africa. This article commences with an evaluation of the existence of the right to ritual slaughter either as a freestanding right or a derivative right from the right to freedom of rel…
A Comment on the Exclusive Jurisdiction of Domestic Religious Tribunals in South Africa
The idea that certain matters are completely outside the scrutiny of South Africa courts will be a challenging one, predictably controversial and difficult to sustain given a background of exhaustive reach of the legal system into all areas of societal endeavour. If nothing else, the human rights jurisdiction of South African courts, especially the horizontal application of human rights, ensures that South African courts accept and scrutinize all…
Double Marriages in Botswana
This article critically examines the possibilities implications through a comparative perspective of double marriages in Botswana. While other African countries that recognize double marriages permit movement from a customary marriage to a civil/statutory marriage, Botswana is unique because she permits the same parties to move from a civil marriage to a customary marriage and vice versa. In the absence of a clear legislative and judicial determi…
Political Parties, the 1999 Nigerian Constitution and the 2011 General Elections
VRÜ Verfassung und Recht in Übersee , Seite 407 - 429
Enforcing Ecowas Law in West African National Courts
One of the constitutional challenges of regional integration is how to manage the limitation of national judicial sovereignty of member states to ensure that community law is recognized as superior to national law and is accordingly applied and interpreted by national courts at the instance of community citizens. This challenge arises from the national ordering of legal systems and the fact that states are the primary parties to agreements in whi…
Distinction without Difference
The decision of the South African Constitutional Court in Shilubana and Others v Nwamitwa ([2008] ZACC 9 (CC), the Shilubana case) appears to herald a more sympathetic understanding of customary law, but it also reveals the fact that customary law applies exclusively to the black community in South Africa while other racial communities are imagined and protected in terms of the rights in sections 30 and 31 of the Final Constitution (FC). This pap…
The Dubious Distinction between Principal and Accessory Claims in Nigerian Human Rights Jurisprudence
What began as an exercise in defining the jurisdiction of the Nigerian Federal High Court over fundamental human rights has now turned into a well established principle that Nigerian courts will not entertain an action for the enforcement of a fundamental human right contained in chapter IV of the 1999 constitution through the Fundamental Human Rights (Enforcement Procedure) Rules unless it is the principal claim. In other words, if the action fo…
Implementação do direito ao desenvolvimento
A Declaração sobre o Direito ao Desenvolvimento, aprovada pela Organização das Nações Unidas em 1986, em vez de resolver a questão da existência de um direito ao desenvolvimento, criou uma polarização entre os países-membros da ONU. Os governos do Sul reivindicam seu direito ao desenvolvimento, enquanto os países ricos do Norte se opõem à existência desse direito. Para resolver esse impasse e implementar a Declaração, o professor Arjun Sengupta, …
Double Marriages in Botswana
This article critically examines the possibilities implications through a comparative perspective of double marriages in Botswana. While other African countries that recognize double marriages permit movement from a customary marriage to a civil/statutory marriage, Botswana is unique because she permits the same parties to move from a civil marriage to a customary marriage and vice versa. In the absence of a clear legislative and judicial determi…
Ethics, values and legality in the restoration of cultural artefacts
As a relatively new democracy, South Africa is seeking ways to protect and promote its African heritage. As part of this process, there is increased interest in the repatriation of South African cultural artefacts, mostly taken during the colonial era, currently held in western museums. There are also increasing international calls for the repatriation of cultural artefacts from western museum collections back to their originating countries in th…
Political Parties, the 1999 Nigerian Constitution and the 2011 General Elections
VRÜ Verfassung und Recht in Übersee , Seite 407 - 429
Implementação do direito ao desenvolvimento
A Declaração sobre o Direito ao Desenvolvimento, aprovada pela Organização das Nações Unidas em 1986, em vez de resolver a questão da existência de um direito ao desenvolvimento, criou uma polarização entre os países-membros da ONU. Os governos do Sul reivindicam seu direito ao desenvolvimento, enquanto os países ricos do Norte se opõem à existência desse direito. Para resolver esse impasse e implementar a Declaração, o professor Arjun Sengupta, …
The Dubious Distinction between Principal and Accessory Claims in Nigerian Human Rights Jurisprudence
What began as an exercise in defining the jurisdiction of the Nigerian Federal High Court over fundamental human rights has now turned into a well established principle that Nigerian courts will not entertain an action for the enforcement of a fundamental human right contained in chapter IV of the 1999 constitution through the Fundamental Human Rights (Enforcement Procedure) Rules unless it is the principal claim. In other words, if the action fo…
Distinction without Difference
The decision of the South African Constitutional Court in Shilubana and Others v Nwamitwa ([2008] ZACC 9 (CC), the Shilubana case) appears to herald a more sympathetic understanding of customary law, but it also reveals the fact that customary law applies exclusively to the black community in South Africa while other racial communities are imagined and protected in terms of the rights in sections 30 and 31 of the Final Constitution (FC). This pap…
Enforcing Ecowas Law in West African National Courts
One of the constitutional challenges of regional integration is how to manage the limitation of national judicial sovereignty of member states to ensure that community law is recognized as superior to national law and is accordingly applied and interpreted by national courts at the instance of community citizens. This challenge arises from the national ordering of legal systems and the fact that states are the primary parties to agreements in whi…
Political Parties, the 1999 Nigerian Constitution and the 2011 General Elections
VRÜ Verfassung und Recht in Übersee , Seite 407 - 429
A Comment on the Exclusive Jurisdiction of Domestic Religious Tribunals in South Africa
The idea that certain matters are completely outside the scrutiny of South Africa courts will be a challenging one, predictably controversial and difficult to sustain given a background of exhaustive reach of the legal system into all areas of societal endeavour. If nothing else, the human rights jurisdiction of South African courts, especially the horizontal application of human rights, ensures that South African courts accept and scrutinize all…
Double Marriages in Botswana
This article critically examines the possibilities implications through a comparative perspective of double marriages in Botswana. While other African countries that recognize double marriages permit movement from a customary marriage to a civil/statutory marriage, Botswana is unique because she permits the same parties to move from a civil marriage to a customary marriage and vice versa. In the absence of a clear legislative and judicial determi…
The Right to Ritual Slaughter in Africa
Using examples of ritual slaughter recognized by different religions in Africa, this paper examines the regulated and unregulated exercise of the right to ritual slaughter as a manifestation of the right to freedom of religion in three constitutional traditions in Africa. This article commences with an evaluation of the existence of the right to ritual slaughter either as a freestanding right or a derivative right from the right to freedom of rel…
Extraterritorial human rights obligations from an African perspective
Even though the editors of this book, Lilian Chenwi and Takele Soboka Bulto, declare that their humble aim is to ‘address, among other things, the question of whether African regional human rights
Ethics, values and legality in the restoration of cultural artefacts
As a relatively new democracy, South Africa is seeking ways to protect and promote its African heritage. As part of this process, there is increased interest in the repatriation of South African cultural artefacts, mostly taken during the colonial era, currently held in western museums. There are also increasing international calls for the repatriation of cultural artefacts from western museum collections back to their originating countries in th…
Examining restitution and repatriation options for cultural artefacts
This paper examines some of the ethical issues and repatriation options related to the return of museum artefacts taken from African countries, mostly during the colonial era. In the context of a relatively new democracy, like South Africa, determining the value of cultural artefacts held in foreign collections, and thus the urgency and priority of their repatriation, may be important. Using a value-based approach, this paper details the design a…
Free, Prior and Informed Consent in Kenyan Law and Policy After Endorois and Ogiek
This article examines the Kenyan legal and policy framework as well as jurisprudence on the principle of free, prior and informed consent (FPIC) occasioned by the decision of the African Commission on Human and Peoples’ Rights (African Commission) in Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v Republic of Kenya ( Endorois ) and the judgment of the African Court on Human and Pe…
Political science (12 works) · Law (10 works) · Sociology (8 works) · Human Rights and Development (6 works) · Legal Issues in South Africa (6 works) · Law (5 works) · Politics (5 works) · Constitution (4 works) · International Law and Human Rights (4 works) · Human rights (3 works)