ABSTRACT
This chapter examines the relationship between the three relevant normative spaces—public international law, national constitutional law, and local customary law. It examines the positively guaranteed rights at the international and the national level. The chapter identifies and analyzes the consequences of the findings from part one. Within the domain of legal theory, public international law and national law are predominantly regarded as a clash of legal orders, which has to be solved via a dualistic or a monistic approach. The general mutual influence of public international law and national law on human rights and lawmaking processes cannot be confirmed, and the enormous gap between African public international law and African constitutions with regard to group rights is unexpected. Since the communal culture of African societies characterized in the Banjul Charter is not reflected in most African constitutions, one should ask the question of how communal local customs interact with public international law in consideration of the local customary law.
