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This article delves into the doctrine of inherent powers within the Sudanese Civil Procedure Code, with a specific focus on its origin, nature and scope. It posits that this doctrine empowers the courts to undertake actions essential for fulfilling their duties and ensuring the pursuit of justice, even in instances where such powers are not explicitly granted to them under statutory provisions. Additionally, the article examines the potential advantages and disadvantages associated with inherent powers and contemplates whether their exercise might pose a threat to the rule of law. It also explores the arguments both in favour of and against the possibility of rule-making within the framework of these powers and the potential impact of such regulations on the administration of justice. The article asserts that while a court's inherent powers are indispensable for the efficient dispensation of justice, it is imperative that they are not wielded capriciously or arbitrarily. Instead, their exercise should be guided by the principles of equity and good conscience.
In 1945, actions which have been understood as strikes against wartime inflation occurred across colonized Africa: this essay identifies a deeper motivation in the events which happened in the Uganda Protectorate in early 1945. An understanding that people had a moral responsibility to act, and leaders had a moral responsibility to see them, to listen, and to respond led from a mobilization of workers on town streets, to efforts to see wrongful deaths acknowledged, to gatherings in the courtyard of the Buganda king in which he was almost overthrown. In each of the three stages of the protest, Ugandans of different ethnicities asserted an ethic of mutual obligation which acknowledged no boundary between the political and the economic, spoke to authority with an expectation that they would be heard, and drew on enduring knowledge of politics as well as a range of new ideas to solve the problems they confronted.
The concept of the organic serves as a keyword capturing emerging practices and epistemologies through which Africans navigate increasingly toxic lifeworlds. Noting a growing preoccupation with this term, the authors unpack its meaning based on their ethnographic fieldwork concerning two East African idioms: kienyeji and kiasili. What it means to be(come) organic is tied to older notions such as life flow, tradition, and the natural. Tracing how this concept engages with central themes in Africanist debates, the authors demonstrate that an Africanist theorizing about it foregrounds critical claims about the vitality of bodies and the viability of environments.
This article sets out to explain why Nigeria was unable to prevent the loss of heritage objects in the 1960s and 1970s. Obvious answers to this question would include the limited enforcement capacity of the African state and the complacency of European and North American art dealers. “How Our Heritage Is Looted” argues, however, that a colonial legal category, namely “antiquity,” played a key role in creating an ineffective enforcement regime for cultural property theft. The mismatch between the ordinary meaning of the term “antiquity,” denoting a remnant of an ancient civilization, and the kinds of modern crafts that the state wanted to protect ultimately resulted in the inability of Nigeria’s colonial preservation statute to convey clear rules to customs officers and museum curators about what exporters could take out of the country. Nigeria’s heritage law thus constituted a project of legal meaning-making whose failure facilitated illicit commerce.
This article examines the alignment of bilateral investment treaties (BITs) with domestic development policies. The analysis reveals the presence of considerable disparity between Ethiopian BITs and the country's domestic development policies and the importance of ensuring consistency between the two. The potential options to resolve this disparity can be combined on a case-by-case basis, depending on different challenges, such as bargaining power, political commitment, procedural requirements and resistance from other treaty partners. The changing dynamics of global politics and the growing backlash against BITs have created a conducive environment for such reform.
The conceptualization of a proper approach to patent law, as it relates to drug patents and access to medicines, remains contested. This article joins the discourse by positing that an application of the communitarian approach of ubuntu to the might of human rights is a useful framing for normalizing equity-based interventions and would help tilt the balance of power from a narrow profit-seeking imperative to one that prioritizes the public good. It contends that, while private entity ubuntu, corporate social responsibility or charity yield some positive results, they are inadequate and must be buttressed by the right to health, which entails access to the necessary diagnostics, therapeutics and medicine for all. The article argues against the predominant hegemony of current thought, which has so far not yielded meaningful and timely access, and advocates for a rethink of the possibilities of more just outcomes through more just processes.
From nineteenth-century antislavery pamphleteering to accounts of ecological catastrophe in twenty-first-century fiction, Haitian literature has resounded across the globe since the nation's revolutionaries declared independence in 1804. Starting with pre-revolutionary writing, including the emergence of Haitian Creole letters, extending to the long, largely francophone nineteenth century, and concluding with present-day Haitian writing in the English language, A History of Haitian Literature presents the political, cultural, and historical frameworks necessary to comprehend Haiti's vast literary output. Whether writing in Haiti or its wide-ranging diasporas, Haitian authors have boldly contributed to pressing conversations in global letters while reflecting Haiti's unique cultural and historical experiences. Considering an expansive array of poets, playwrights, and novelists – such as Baron de Vastey, Juste Chanlatte, Demesvar Delorme, Edwidge Danticat, René Depestre, Kettly Mars, Dany Laferrière, and Évelyne Trouillot – the contributors to this volume offer a fresh examination of a richly polyglot, transnational literary tradition that spans more than two centuries.
This chapter captures the extent to which journalism fields marginalize African journalists in the coverage of international events unfolding on the continent. This marginalization leads to a continuation of bifurcation in the field that was also present during colonization. It shows that the effect of this bifurcation is that African audiences primarily learn about events happening across the continent from the Global North as opposed to African journalists. Chapter 4 shows how African journalists are marginalized in their fields and how they understand and explain this marginalization.
Focusing on journalists’ training between 1960 and 2015, this chapter captures the enduring strength of colonial logic effectuated through nonjournalistic actors, such as the education field. It shows how curricula focused on Western canonical thought reinforce a sense of liminality in a field already perceived as out of touch. It discusses the role of journalism education in inculcating specific normative assumptions about how the fields should work on the continent. It argues that journalism education now, just as at the dawn of independence, is such that the profession is heavily moored on Western understandings of journalistic doxa.
What are the politics of choosing specific frames? This chapter is anchored on this question and finds a marked difference between frames employed at the field level and those by subfields in each country. It finds, for example, that the Kenyan national subfield’s favored frame resembled those selected by fields in the Global North. Concomitantly, it finds an ambivalence in using the genocide frame to talk about the atrocities in Darfur, arguing that this ambivalence is due to perceptions of how the frame would affect peace negotiations and the posture taken by transnational organizations such as the ICC, UN, and AU.
Tracing the trajectory of journalism fields in Africa from the 1700s to the early to mid-2000s, this chapter highlights the tensions between the political and journalism fields in postcolonial Africa. It focuses on the numerous ways political fields sought to assert control over journalism through colonial-era laws and using their financial muscle to cajole the fields. It shows that ideas about the role of journalism fields were contested both within and outside the field, with some in the field agreeing with the political field with regard to a limited approach to journalistic freedoms. It shows how political elites were keen on controlling journalism fields upon independence primarily because they were aware of the fields’ enormous potential to challenge their legitimacy after using them to push for independence.
This chapter shows that while African journalists are upset at being marginalized in the global narrative construction about events in Africa, they, too, are vital players in marginalizing African voices in the source selection processes. Thus, an African reader is much more likely to know what an American senator thinks about an international event on the continent than they are likely to hear from a regional expert immersed in the unfolding event. It empirically shows that African journalists are crucial players in silencing African voices despite their complaints of marginalization in Chapter 4.
Situating Chapter 7 within the broader field of journalism studies, this chapter provides a way to understand how Africa is represented. It argues that the lack of scholarship on how African media organizations represent transnational events has hampered our understanding of African media organizations. This has meant that scholars primarily extrapolate from fields from the Global North in their claims-making about how African fields cover or should cover Africa. It proposes novel ways to study journalism fields in Africa and ways – such as intellectual contact tracing – in which journalism education can leverage their experiences to challenge and broaden journalism studies. It also provides an avenue through which scholars can think of a postcolonial field theory, which marries the relational qualities of field and postcolonial theory and plugs in the gaps in the other when the focus is the postcolony.