OpenUCT :: Browsing by Subject "International Law"

Browsing by Subject "International Law"

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Open Access
Addressing child poverty: Is Ugandan law and policy fit for purpose?
(2014) Kyobutungi, Diana; Calland, Richard
Research Objectives: First, to assess the normative framework for protection of the child from poverty as set by international and regional human and child rights instruments and accordingly, evaluate the scope and ability of Ugandan law and policy to protect the child from poverty. Secondly, to primarily analyse whether Ugandan law and policy adequately addresses child poverty in line with the recommendations and minimum standards set by the normative fr amework; and on this basis, if it is ‘fit for purpose’. Significance of the Study: To contribute a legal perspective on how to address child poverty and secondly, to create awareness of the diverse and changing manifestations of child poverty and generate strategic discussions for enhancement of child wellbeing.
Open Access
An assessment of China's approach to Freedom of Association and the Right to Collective Bargaining against international labour standards: should African countries be concerned?
(2021) Newby, Christopher; Collier, Debbie
In recent years, the People's Republic of China has been expanding its presence in Africa and developing enterprises across the African continent. China is now one of the largest investors and trading partner in Africa. The impact of this investment on labour standards, and the expectation of Chinese investors in this regard, is likely to be a concern for host countries. The purpose of this study is to consider whether China's approach to freedom of association and the right to collective bargaining is compatible with international labour standards, which have been ratified by most African countries. This is achieved by comparing the relevant laws in China, that regulate freedom of association and collective bargaining, against the international standards set by the International Labour Organisation's (ILO) Conventions and Recommendations. In particular, the provisions of the Freedom of Association Convention (No. 87) and the Collective Bargaining Convention (No .98), among others, together with the findings of the ILO Committee on Freedom of Association, are used to determine an international standards ‘comparator'. The Chinese Labour Law, Trade Union Law and Labour Contract Law are subsequently evaluated against this comparator in order to determine the extent of compliance of the Chinese labour system with international labour standards. The outcome of the comparison shows a broad degree of compliance with international standards relating to the formal recognition in law of the rights to freedom of association and collective bargaining as well as the identification of vulnerable classes of workers such as women, migrant workers and rural workers. However, two major discrepancies in the Chinese legal system were found: first, in relation to trade unions - the existence of one centralised representative organisation known as the All-China Federation of Trade Unions (ACFTU), with overarching authority, infringes the establishment, autonomy, independence and functioning of smaller grass-roots trade unions. Second, the right to strike was found to be suppressed in China. Ultimately, the Chinese formulation of the right to freedom of association and the exercise thereof is inherently different to the international standards. The right is conceptualised and practiced within the Chinese socialist market economy under the guidance of the Communist Party which is the supreme power in the democratic dictatorship. Therefore, the Chinese experience and understanding of the right to freedom of association and the right to strike may be fundamentally different to African states in terms of its content, ideological underpinning, exercise and enforcement. These findings demonstrate a need for African countries that host Chinese investment to proactively guard against the labour rights violations that may occur due to the differing domestic legal frameworks.
Open Access
An analysis of the choice and use of weapons by Russia and Georgia in the 2008 South Ossetia conflict
(2016) Watzlawick, Annatina; Powell, Cathleen
In this minor dissertation, the use and choice of weapons employed during the armed conflict between Georgia and Russia in 2008 over South Ossetia will be analysed. Due to the fact that cluster munitions were used by both parties, and that they are a controversial weapon with regard the principles regulating the use and choice of weapons, section I of this dissertation will focus on them and their regulation in international law. Section II will focus on the facts concerning the 2008 conflict over and South Ossetia. Section III will look at the international humanitarian laws applicable and relevant to this dissertation. In sections IV, V, and VI arguments will be raised in order to attribute violations of international humanitarian law to Georgia, while countering foreseeable arguments which could be invoked against Russia. This dissertation will therefore only analyse the provisions when they are pertinent to that aim. The desired outcome of proceeding in such a manner is that since both the viewpoints of the claimant and the defendant will be analysed, an extended and well-rounded view on the law, its interpretation, controversies, opinions of established scholars and jurisprudence, will be given. The relevant principles relating to the use and choice of weapons which will be analysed are: the principle of discrimination (section IV), the principle of proportionality (section V), as well as the prohibition to cause superfluous harm (section VI). Certain specific issues such as human shields will also be looked at in the analysis of a particular attack. In the analysis of this conflict, both well-established arguments, as well as controversial or disputed ones, will be presented in order to support either side. This analysis will argue that Georgia violated international humanitarian law, while defending Russia's conduct, however, the arguments presented will remain coherent and not contradict each other. This paper's scope will be limited to analysing attacks which are sufficiently documented and imply a problem of use and choice of weapons; as opposed to the ones which solely purport an issue of military objective and were hit by a precise missile. Indeed, this dissertation focuses more on controversial weapons and whether they violate international humanitarian law solely by their inherent nature, that is, the mere choice of using them would be in violation of the law; or by their specific use in the attack. The four attacks analysed will allow an in depth analysis of the different aspects that the use and choice of weapons can entail; the 2 dissertation will therefore be limited to them and any further attack which do not bring to light any new arguments will not be investigated. The attacks which will be examined in the context of the conflict over South Ossetia occurred both in South Ossetia as well as non-disputed Georgian territory. These are: the one launched by Georgia using BM-21 Grads multiple rocket launchers on Tskhinvali and surrounding villages lasting from the night of the 7th of August until some point during the day of the 8th of August;1 the 9th of August attack where Georgia employed Mk-4 cluster munition rockets containing M85 submunitions over Gori district villages, the Roki tunnel and according to a witness, Dzara Road2; Russia's attack on Gori city on the 12th of August using an Iskander-M SS-26 cluster munition missile;3 as well as the firing of a few missiles on a school in Gori city by the Russian air force on the 9th of August.4 The entirety of the facts pertaining to the conflict are drawn from the report on the conflict carried out by Human Rights Watch entitled 'Up in Flames'.5 The analysis of the relevant provisions will proceed as follows: the rules will be analysed one by one, following the general introduction to the rule, general statements regarding its interpretation and application, the law will then be applied to the different attacks, given that enough facts are provided and that it pertains to the aim of the dissertation. If there are specific interpretations or applications of the law which are only relevant to one attack, it will be mentioned directly under said attack.
Open Access
The application of Jus in Bello to indiscriminate attacks in non-international armed conflicts
(2014) Barasa, Bernard Otieno; Powell, Cathleen
This thesis examines the prohibition of indiscriminate attacks in non-international armed conflicts. The world has seen an increase in the number of armed conflicts that are not of an international character. Most of these conflicts have proven to be very destructive and detrimental to persons not taking part in the hostilities. Having in mind the fact that International Humanitarian Law seeks to protect persons not taking part in armed conflicts, this thesis is an appraisal of whether International Humanitarian Law prohibits indiscriminate attacks in non-international armed conflicts.
Open Access
The balance between child autonomy and parental autonomy in Malawi; an analysis of the Child Care, Protection and Justice Act
(2018) Mkandawire, Leona Temwa; Chirwa, Danwood Mzikenge
For a long time children have been considered to be vulnerable persons, incapable of making rational decisions. As a result, decisions have been made for children by other people such as their parents or guardians. In most African societies, including Malawi, children remain largely voiceless and dependent on their parents who view their role mainly as being to protect children from their own actions and actions of other people. However, international law considers children as autonomous persons capable of making their own decisions. Thus, it requires states to recognise the autonomy a child although it also recognises that parents are free to raise children the way they want. Both the CRC and the African Children's Charter recognise children as bearers of rights and guarantee their right to take part in decisions that affect them. These treaties also recognise the principles of the best interests of the child, non-discrimination, and the child's right to life, survival and development. This thesis finds that while the best interests' principle has been domesticated under the Constitution, the other principles are not explicitly entrenched in the Constitution or under the Child Care, Protection and Justice Act. At best, they can be implied in other provisions of the Act. Overall, the Child Care, Protection and Justice Act leans towards enhancing the parental autonomy in child rearing and institutional protection of children rather than towards the emancipation of children in accordance with their evolving capacities.
Open Access
A case for the establishment of a legal framework within the Zimbabwean mining sector to effectively regulate the corporate and social responsibilistie of multinational social responsibilities of multinational corporations by Michelle Rufaro Maziwisa
(2011) Maziwisa, Michelle Rufaro; Ncube, Caroline
The thesis makes a case for the creation of a legally binding instrument to regulate the conduct of multinational corporations operating in the Zimbabwean mining sector. The aim of this thesis is to explore the concept of Corporate Social Responsibility (CSR) and its application (or lack thereof) in the Zimbabwean mining sector with a focus on multinational corporations.
Open Access
Climate change governance in the SADC region: towards development of an integrated and comprehensive framework policy or protocol on adaptation
(2014) Libebe, Eugene Lizazi; Glazewski, Jan
The scientific community has shown that climate change is occurring and is caused mainly by human activities. This state of affairs has various societal and environmental implications which has demanded attention and raised concerns about the future of human life on earth. Increasing concerns about climate change has led the international community, regional bodies and national governments to adopt legal instruments and other mechanisms to address the phenomenon. In these efforts and measures mitigation and adaptation have been the prominent response strategies. However, adaptation to climate change has experienced much less attention than mitigation. This research provides a conceptual analysis of adaptation, and discusses some socio-economic and cultural implications of climate change in the Southern African Development Community (SADC), in order to show why adaptation is a better response to climate change. The research outlines and assesses the relevant developments in international, African and mainly SADC’s responses to climate change through adaptation in their legal and institutional frameworks. This includes related developments in Namibia and South Africa as SADC Member States. The study advocates for regional consensus to design a holistic policy framework and effective governance on adaptation to climate change in the SADC, as one of the world’s most vulnerable regions. As such, the study further examines the aspect of good governance and institutional frameworks as essentials for climate change adaptation in the SADC context. It concludes that it is necessary for SADC member states to cooperate in formulating an integrated and comprehensive protocol on adaptation.
Open Access
Closing “The Mediterranean Cemetry”: whether the European agenda on migration (immediate action) aimed at curbing the Africa-EU migration “crisis” is International Law compliant?
(2018) Mandela, Walter; Lutchman, Salona
The aim of the thesis is to establish whether the EAM (Immediate Action), formulated to curb the Africa-EU irregular migration “crisis” complies with international law. The thesis commences by arguing that migration today is a bastion of state sovereignty though fettered to a very limited extent by human rights, international law and states’ inter-dependence. The thesis then discusses the right to asylum and the principle of non-refoulement under international law. This is followed by a discussion on the EU as “sui generis” supra national entity that champions human rights and the rule of law globally followed by a review of its “sui generis” immigration law and rules under which the EU and member states share competence. Fundamental terminologies in the migration discourse: Migrants, Irregular Migrants, Refugees and Asylum Seekers are defined. A critique of The Refugee Convention4 is done, revealing its parochial, Eurocentric, racist, sexist nature and incompatibility with recent human rights developments; factors that to a large extent make it archaic and divorced from the realities of today’s refugee dynamics yet the Convention is the centrepiece of international refugee protection today. The thesis then interrogates the Africa-EU irregular mass-migration; the push and pull factors as well as the general modus operandi are reviewed. The generally recognised routes; Western Mediterranean, Central Mediterranean and West African which facilitate the migration are assessed. Lastly, the thesis then analyses the compliance of the EAM (Immediate Action) with international law. Each of the Immediate Actions; 1) Saving Lives at Sea 2) Targeting Criminal Smuggling Networks 3) Relocation 4) Resettlement 5) Working in partnership with third countries 6) Using the EU's tools to help frontline are subjected to the relevant international law governing them to test their compliance with international law. Final conclusions of the thesis are then drawn.
Open Access
Criminal responsibility of corporations in international law
(2013) Bigalke, Henning; Kemp, Gerhard
Open Access
Cyberattacks: The latest threat to international peace and security, and how international law can respond
(2020) Tlhacoane, Tshepo; Powell, Cathleen
Today it is accepted that states may not unilaterally attack each other using rifles, missiles, nuclear, or chemical weapons. But what about computer software such as worms and trojans which are capable of causing similar or greater damage? Are states permitted to attack each other using these so-called cyberweapons? Are they even considered weapons due to their differing form? This is the crux of what this dissertation is about. It aims to show that if states are prohibited from attacking each other with certain categories of weapons, they should not be permitted to attack each other with a different weapon which causes similar damage. I make three overarching arguments in this dissertation. The first is that cyberweapons should be considered ‘weapons' even though they differ in form and sophistication. Secondly, that the use of cyberattacks is a use of force and contravenes article 2(4) of the UN Charter. Finally, I will argue that extant international law is not able to maintain international peace and security and that a multilateral treaty is required.
Open Access
Does international law proscribe coups d'état? Africa's role in the development of the proscription
(2020) Ruwitah, Mduduzi Aviton; Powell, Cathleen Helen
Coups d'état have occurred around the world since time immemorial but have been more commonplace amongst African states. They have typically yielded bloodshed and instability and, they inevitably culminate in the gross violation of the most basic human rights. They also arguably constitute a perennial threat in the politics of African states and, they have been condemned in numerous instances. Such condemnation brings to the fore, questions as to international law's position on coups d'état. In light of International law placing a high premium on the doctrine of national sovereignty, it is tempting to conclude that coups d'état are beyond the scope of international law thus not being proscribed. This position is further strengthened by the absence of international treaties/conventions proscribing coups d'état. It can, however, be argued that the recognition given to the notion of democracy by some treaties/conventions such as the UDHR, CEDAW, and ICCPR, may amount to an implicit proscription of coups d'état under international law. There is also, a right to democracy, along with a proscription of coups d'état under customary international law as reflected by state practice. African states, being specially affected by the scourge of coups d'état, have played a leading role in the development of the customary international law proscription of coups d'état. Regardless of it being difficult for state responsibility to ensue, coups d'état constitute wrongful acts at international law.
Open Access
The effectiveness of protecting children's rights in post-conflict Liberian society
(2015) Farinde, Louisa Omolara; Amien, Waheeda
This dissertation will primarily involve desk-based research to examine those provisions of the Liberian Children's Law that refer to measures preventing the use of children in armed conflict, measures protecting children from being used in armed conflict as well as measures reintegrating children into society who have participated in such violence in their past in light of CRC standards. Reference will also be made to scholarly contributions on children's rights in postconflict societies, reports on and documentation of the condition of child rights in Liberia and the relevant international and regional human rights instruments including the International Convention on the Rights of the Child, the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Rome Statute of the International Criminal Court, and the African Charter on the Rights and Welfare of the Child. Among critiquing the Children's Law by comparing its standards to other international human rights instruments, feasibility of the Children's Law will be examined by considering 1) justiciability, 2) accessibility, and 3) enforceability as criteria indicating whether the Children's Law is a substantive document and proves effective in theory or not.
Open Access
Has the state of war been made redundant by the UN Charter regime on the use of force?
(2012) Dshurina, Stella Borissova; Bennett, Thomas W
Does war still exist according to international law? On the one hand, the answer is obviously in the affirmative - hostilities including the use of force between states do take place and rules of international law regulating them do exist. Less obvious, however, is whether a state of war as a condition creating legal consequences not only for the parties involved, but also for other states, is still legally relevant. While there have been many conflicts since 1945, few of them have been characterized as “war” and no declarations of war have been made. Hence, there is a tendency to avoid the term “war” on the ground that it is “arcane” and largely superseded by the term “international armed conflict”. Moreover, it has been claimed that a state of war is incompatible with the UN Charter and therefore can no longer exist under international law so that a qualification of a conflict as “war” as opposed to “armed conflict” would have no legal consequences. This dissertation will examine whether the concept of war is still relevant and necessary despite the introduction of the modern concept of international armed conflict. In the course of answering it, three further questions need to be posed. First, is it compatible with the UN Charter to continue to invoke the concept of “war”? Second, what are the consequences of recognizing a state of war as a contemporary legal concept? Finally, are there any norms in international law which are applicable in a state of war only?
Open Access
Human settlement of Mars in the context of the Outer Space Treaty 1967
(2018) Sinclair, Amy Laura; Powell, Cathleen
This mini-dissertation asks whether international law permits the human settlement of Mars. The paper is inspired by the public goal of aerospace entrepreneur and futurist Elon Musk to transport human crew to Mars within 10 years. His company SpaceX, as well as other key players in the global aerospace industry, are rapidly developing the technological capacity and business case for the exploitation of off-world resources. Human settlement of Mars is no longer confined to the realm of science fiction. It raises questions of international law that, until very recently, were dismissed as fantastic. The Outer Space Treaty (1967) has found widespread acceptance; however Arts I and II dealing with rights to ‘use’ of space and banning ‘national appropriation’ are vague. The interpretation of these sections has proved controversial in light of proposals by private companies to exploit space resources by mining asteroids. This debate informs my reflections on whether human settlement of another planet might violate the Outer Space Treaty – but it is not quite the whole story. The opinions of leading space law experts on the question of human settlement of Mars opinions are frequently sought in the popular media, especially in the aftermath of any announcement of SpaceX or Elon Musk. However, the topic is yet to be dealt with in an in-depth academic setting. The paper will address: • Chapter II: Does the establishment and conduct of a human settlement fall within the freedom of activities anticipated in Article I Outer Space Treaty? • Chapter III: Does Article I oblige settlers to share the profits (if any) of their activities with Earth? • Chapter IV: Does the establishment of the settlement constitute an appropriation within the terms of Article II Outer Space Treaty? • Chapter V: Are settlers entitled to exclude others from the settlement?
Open Access
The implementation of the universal jurisdiction over torture in European countries
(2016) Coppée, Tom Jean G; Amien, Waheeda
This dissertation presents an evaluation of universal jurisdiction over torture offenses. By doing so, it focuses on European states, in particular Belgium, France and the United Kingdom, all of which show a particular openness to prosecute torture offences on the basis of universal jurisdiction. It is demonstrated that Belgium, France and the United Kingdom have complied with the obligation set out in article 5(2) of the UN Torture Convention to establish universal jurisdiction over torture offences in their domestic legislation. They were, moreover, the first countries to conduct torture trials on this ground. However, 30 years after the signature of the Convention, such trials rarely occur because European prosecutors and courts face both practical and legal problems. I argue that some controversies have been solved, especially those relating to the non-retroactivity of the implemented legislation, the prohibition of amnesties, as well as the legality of the proceedings in the absence of the offender and of the operation of a principle of subsidiarity. The latter principle would give primacy jurisdiction at least to the territorial state that wants and is able to prosecute. However, the controversies relating to the legality of the universal jurisdiction over the torture of citizens of non States Parties, the ne bis in idem prohibition, the broad immunities and the establishment of efficient legislation and cooperation between states are far from being settled. I argue that the cooperation between states at the regional and international level is needed to solve the legal and practical issues about universal jurisdiction over torture, and to stop its differentiated applications. The forum state is also responsible to provide prosecution and police services with a suitable working context that has clear and efficient legislation and guidelines about universal jurisdiction over torture. Indeed, successful prosecution primarily devolve to these criminal practitioners' motivation.
Open Access
In the light of the Crimean Crisis will International law have to accept that it is to the advantage of the citizens of Crimea that, in this case, the law of state succession applies De Facto in preference to that of occupied territory law?
(2016) Handschumacher, Konstantin; Powell, Cathleen
The Crimea Crisis didn't just influenced the political world, it also challenged the international law system. It is one of the major crisis after the Cold War where the relationship between western states and Russia were at a point of collapsing. After the fled of the former Russian president, the "Little Green Man" entered Crimea and took over the control over the territory. In the beginning Russia denied any connection to this rebel group, but according to the effecting control test, their action can be attributed to Russia. Therefore Russia used illegally force in Crimea. After holding a referendum, which didn't met the international standards, Crimea singed a treaty, which lead to the incorporation into the Russian Federation. Because of the link to the illegal use of force these actions violated international law. Crimea is therefore occupied territory and the law of occupation applies to the area. But because Russia considers the territory as part of the Russian Federation, it considers the law of state succession as the applicable law. When we compare the two legal systems in regards to the rights and citizenship, it can be concluded that none of the two legal systems are more beneficent for the inhabitants than the other. As a consequence one can hypothetical ask if there are legal arguments in international law, which can be put forward to underpin the assumption that for the benefit of the inhabitants the de jure legal system has to evade in favor for the de facto system. There are several possible legal arguments, but none of them is in the position to underpin the raised question. Even there are no legal arguments the current discussion in international has the possibility to strengthen the law of occupation.
Open Access
International criminal law and the African girl child soldier: does the international criminal law framework provide adequate protection to the African girl child soldier?
(2017) Hlatshwayo, Belinda S T; Lutchman, Salona
This dissertation aims to answer the question: does the international criminal law framework provide adequate protection to the African girl child soldier? The motivation for the choice of this question came about in my final year of LLB. I conducted research on crimes against humanity committed by Boko Haram, and found a lot of research had been conducted on the use of children in war. I became particularly interested in the use of girl child soldiers because of the disparity between them and their male counterparts - how they were used during conflicts and the definitions of child soldier in international statutes. The constant reference in international treaties of child soldiers as those who take part in 'direct hostilities', I felt excluded girl child soldiers from protection as girl child soldiers are often used as base-camp soldiers, spies and often times sexually, physically and emotionally abused.
Open Access
International displacement and state compliance with international human rights standards: the current protection of internally displaced persons' right to physical security in Nigeria
(2018) Bjoerkan, Maren; Lutchman, Salona
There are approximately 65.3 million forcibly displaced people in the world. A large majority of these people are internally displaced. Of the 40.8 million internally displaced persons' (IDPs) worldwide, Nigeria had a total of 1,955,000 IDPs at the end of 2016. Consequently, Nigeria is among the countries with the highest number of displaced persons globally. A wide range of political, economic, social, and environmental factors, including poverty, corruption, and internal armed conflict, affect the population in Nigeria and contribute to internal instability. Thus, as Nigeria represents a complex and multi-layered situation of internal displacement, it makes for an interesting case study to understand international protection of IDPs. This dissertation asks whether the current protection of IDPs' right to physical security in Nigeria complies with international human rights standards. The current international legal framework in place for the protection of IDPs is relatively extensive, and undergoes continuous development. The United Nations Guiding Principles for the Protection of Internally Displaced People and the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), as well as general human rights mechanisms, comprehensively set out the rights and guarantees for the protection of the physical security of IDPs. Although there has been great improvement in recent years relating to the legal protection of and assistance to IDPs, the de facto implementation and enforcement of these frameworks in Nigeria is not in full compliance with international human rights standards.
Open Access
International Law on Women's Human Rights on the concerns triggered by the introduction of sex robots into society
(2021) Kehlet, Isabella; Schonwetter, Tobias
In a human-like form and programmed with artificial intelligence, sex robots are becoming increasingly prevalent, also as a result of the restrictions on social interactions caused by the COVID-19 pandemic. Because of their programming, sex robots offer both a physical and psychological dimension for users, thereby raising concerns not usually linked to sex toys. The purpose of this dissertation is to examine whether the international human rights instruments on women's human rights relates to concerns raised by sex robots. The focus is mainly on whether sex robots exacerbate harmful gender stereotypes or can be considered discriminatory against women. Furthermore, it is examined whether a State is obligated to respond to the manufacture, distribution and use of sex robots, even though these activities are carried out by private citizens and entities. By applying a dynamic and teleological approach combined with the Vienna Convention on the Law of Treaties' provisions on treaty interpretation, the relevant treaties, treaty body decisions and soft law are examined to determine whether sex robots are harmful to women and what obligations states have in that regard as a result of private actor activities. Sex robots in their current form portray women in a hypersexualised manner, both with appearance and behaviour. While it is not yet clear whether such portrayal will cause a surge in sexual violence against women, sex robots undoubtedly represent a stereotypical and degrading depiction of women, resulting in adverse effects on women's mental health. According to the Convention on the Elimination of All Forms of Discrimination Against Women and other key human rights treaties, member states have an obligation to modify harmful gender stereotypes and eliminate gender stereotyping and other discriminatory practices towards women. Thus, in relation to sex robots, member states must take appropriate measures, like introducing legislation or policies on sex robots' manufacture, distribution and use. Since restrictive legislation on the use of sex robots may interfere with other fundamental human rights - including the user's right to privacy and health - it is recommended that the measures introduced by states focus on the production of sex robots.
Open Access
International principles and methods employed by National Human Rights Institutions (NHRIs) as a means of promoting and protecting human rights, a case study of the Malawi Human Rights Commission (MHRC)
(2016) Gondwe, Mtendere; Chirwa, Danwood Mzikenge
This study generally focuses on the important role that National Human Rights Institutions (NHRIs) play in promoting and protecting human rights at the domestic level, hence the need for NHRIs to be effective and efficient in the discharge of their mandate. One way of improving the effectiveness and efficiency of a NHRIs is by ensuring that it adheres to international principles and methods of promoting and protecting human rights as well as by adopting best practices from other NHRIs. The study therefore traces the evolution of NHRIs and their recognition at the international level. It also analyses the different forms in which NHRIs exist and discusses the recommended international principles and standards that act as core minimum in terms of a NHRI's mandate, methods of operation, composition and other guarantees of independence. Due to the fact that states have a wide discretion to devise appropriate means of applying the core minimum principles, this study also presents several best practices from different NHRIs in their implementation of the international principles and standards. Particular attention has been directed at the Malawi Human Rights Commission (MHRC) by assessing whether the MHRC adheres to the international principles and standards in its operations, and to consider whether it could advance human rights better by improving its working methods.