Social and Economic Rights in Africa

Nsongurua Udombana is Professor of Public International Law and, presently, affi liates with Topfaith University, Nigeria. He obtained the degrees of Bachelor of Laws (LLB) and Master of Laws (LLM) at the University of Lagos, and Doctor Legum (LLD) at the University of South Africa. A fellow of the Chartered Institute of Arbitrators (FCArb), Professor Udombana has been a member of the Nigerian Bar since 1989, besides membership of other professional bodies. He previously taught at Central European University (CEU), Budapest; York University, Ontario; and in several African universities, including the University of Lagos and Babcock University, both in Nigeria, and the University of Pretoria, as well as the Open University of Tanzania. A Genest Global scholar of the Osgoode Hall Law School for 2011–2012, Professor Udombana was formerly Director, CEU Centre for Human Rights; Dean of Law, University of Uyo, Nigeria; pioneer Pro-Chancellor, Ritman University, Nigeria; and member of Nigeria’s National Conference in 2014. He writes and publishes on international law themes, with an Afrocentric perspective. He is a widely read scholar.

Foreword

Preface

Acknowledgements

Abbreviations

Chapter 1

GENERAL INTRODUCTION

Hypothesis

Structure

Methodology

Chapter 2

SOCIO-ECONOMIC RIGHTS AS NORMATIVE AND JUSTICIABLE STANDARDS

Introduction

The Problematic

The Dialectics

A Synthesis

Conclusion

Chapter 3

AFRICA IN THE UNITED NATIONS’ SOCIO-ECONOMIC RIGHTS FRAMEWORK

Introduction

‘In Larger Freedom’

The Modern Magna Carta

The Human Rights Covenants

Other Specialised Treaties

Conclusion

Chapter 4

SOCIO-ECONOMIC RIGHTS IN REGIONAL AFRICA

Introduction

Decades of Standard Setting

Interrogating Rights

Conclusion

Chapter 5

CONSTITUTIONALISING SOCIO-ECONOMIC RIGHTS

Introduction

Constitutionalising Rights

Some Thematic Analysis

Conclusion

Chapter 6

THE CONCEPTS OF OBLIGATIONS AND ‘MINIMUM CORE’

Introduction

States Obligations in International Law

States Obligations in Municipal Law

Typology of Obligations

Progressive Realisation and the ‘Minimum Core’

The ‘Good Faith’ Principle

Conclusion

Chapter 7

INTERPRETING SOCIO-ECONOMIC RIGHTS

Introduction

The Judicial Function

Interpretive Methodologies

Limits of Judicial Function

Conclusion

Chapter 8

MAKING SOCIO-ECONOMIC RIGHTS WORK

Summary

From Vision to Reality

Conclusion: ‘Moonglow’

Bibliography

Index