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Author: Micha Wiebusch
Publisher: Pretoria University Law Press
ISBN:
Category : Law
Languages : en
Pages : 207
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Book Description
About the publication Key reference work for diplomats and legal experts participating in international legal negotiations and transnational policy debates on governing the African continent. Highly recommended for developing courses, reading lists and other teaching materials on African International Law and African International Relations. Instrumental for developing innovative and impact-oriented research and policy strategies on the politics of making and implementing African International Law. What is African about African international law? The main aim of this book is to answer this question by developing a theory to explain how and why international law is Africanized. This includes explaining how Africanization relates both to the extent of continental norm setting by the Organization of African Unity and later the African Union, as the principal agent responsible for ‘African solutions to African problems’, and to the degree to which this African International Organization enforces these norms through varied continental accountability mechanisms. In this specific context, the book considers the different modalities through which the idea of Africa shapes, is shaped by and is embedded in international law making and implementation.
Author: Micha Wiebusch
Publisher: Pretoria University Law Press
ISBN:
Category : Law
Languages : en
Pages : 207
Get Book
Book Description
About the publication Key reference work for diplomats and legal experts participating in international legal negotiations and transnational policy debates on governing the African continent. Highly recommended for developing courses, reading lists and other teaching materials on African International Law and African International Relations. Instrumental for developing innovative and impact-oriented research and policy strategies on the politics of making and implementing African International Law. What is African about African international law? The main aim of this book is to answer this question by developing a theory to explain how and why international law is Africanized. This includes explaining how Africanization relates both to the extent of continental norm setting by the Organization of African Unity and later the African Union, as the principal agent responsible for ‘African solutions to African problems’, and to the degree to which this African International Organization enforces these norms through varied continental accountability mechanisms. In this specific context, the book considers the different modalities through which the idea of Africa shapes, is shaped by and is embedded in international law making and implementation.
Author: Inge Van Hulle
Publisher: Oxford University Press
ISBN: 019264257X
Category : Law
Languages : en
Pages : 320
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Book Description
Africa often remains neglected in studies that discuss the historical relationship between international law and imperialism during the nineteenth century. When it does feature, focus tends to be on the Scramble for Africa, and the treaties concluded between European powers and African polities in which sovereignty and territory were ceded. Drawing on a wide range of archival material, Inge Van Hulle brings a fresh new perspective to this traditional narrative. She reviews the use and creation of legal instruments that expanded or delineated the boundaries between British jurisdiction and African communities in West Africa, and uncovers the practicality and flexibility with which international legal discourse was employed in imperial contexts. This legal experimentation went beyond treaties of cession, and also encompassed commercial treaties, the abolition of the slave trade, extraterritoriality, and the use of force. The book argues that, by the 1880s, the legal techniques that were fashioned in the language of international law in West Africa had largely developed their own substantive characteristics. Legal ordering was not done in reference to adjudication before Western courts or the writings of Western lawyers, but in reference to what was deemed politically expedient and practically feasible by imperial agents for the preservation of social peace, commercial interaction, and humanitarian agendas.
Author: Tiyanjana Maluwa
Publisher: BRILL
ISBN: 9004638296
Category : Law
Languages : en
Pages : 368
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Book Description
African States have contributed to the development of modern international law in various ways. This contribution can be assessed through an examination of the actual practice of these States in their interactions with each other, and with other States in the wider international community, on various matters which have a bearing on the creation of legal rules for the international community. Taken together, the case studies presented in this book demonstrate that, despite its apparent marginalization in the international system, Africa can stake a valid claim to being part of the on-going process of shaping new rules and principles of international law while strengthening existing ones. Some of the more important examples are: the broadening of the refugee definition and the principle of non-refoulement in the area of refugee law; the rights of access and transit to the sea and the concept of the exclusive economic zone in the law of the sea; the principle of uti possidetis; the concept of `peoples' rights', as distinguished from that of `human rights'; the very expansion of the traditional categorization of human rights to embrace the so-called third generation rights, such as the right to development; the Nyerere doctrine of State succession; and, in general, certain principles in the area of international fluvial law concerning the common management and utilization of shared watercourses. The discussions in this book are informed by the belief that post-colonial African States have tended to view the creation and application of international law as a historically engaged activity through which they can now empower themselves as part of the modern international community.
Author: Mieke van der Linden
Publisher: BRILL
ISBN: 9004321195
Category : Law
Languages : en
Pages : 364
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Book Description
In the ‘Scramble for Africa’ during the Age of New Imperialism (1870-1914), European States and non-State actors mainly used treaties to acquire territory. The question is raised whether Europeans did or did not on a systematic scale breach these treaties in their expansion of empire.
Author: Felix Chuks Okoye
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: Gordon R. Woodman
Publisher: Dartmouth Publishing Company
ISBN:
Category : Customary law
Languages : en
Pages : 520
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Book Description
The papers presented in this volume aim to contribute to the development of African legal theory. Issues discussed include: legal anthropology, customary law in the state legal system; legal concepts; and procedural and substantive justice.
Author: Taslim Olawale Elias
Publisher: Brill Archive
ISBN: 9789028601123
Category : Africa
Languages : en
Pages : 280
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Book Description
Author: Dominique Mystris
Publisher: BRILL
ISBN: 9004444955
Category : Law
Languages : en
Pages : 328
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Book Description
In An African Criminal Court Dominique Mystris offers insight into the potential contribution of a regional criminal court and its place within the international criminal justice discourse, the African Union and the African Peace and Security Architecture.
Author: Tayo O. Akintoba
Publisher: BRILL
ISBN: 9004482431
Category : Law
Languages : en
Pages : 192
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Book Description
The Third Conference on the Law of the Sea marked a watershed in the emergence of African diplomatic and legal activities within the international system. Analysis of those states' participation therefore not only provides a template for the study of bloc activity at this level; it also adds the comprehensive analysis of African participation at UNCLOS III and, finally, it should also reveal the means by which states can more effectively impact global political and legislative processes. This study evaluates the extent to which the Exclusive Economic Zone (EEZ) concept represents an attempt by African states to allot to international law the task of correcting inequities between nations, and the future implications of such linkage. It critically explores and analyzes the conceptual framework that initiated action by African states in UNCLOS III, and it examines their attempts to operationalize this framework by their substantive participation in the negotiations. Finally, the study explores the future implications of African activity in the international legal and political system. In this evaluative process the author suggests the need for greater insight in conceptualizing the role of African states as a bloc within the international system. Only in this manner can a better appreciation be had of the important role African states are playing as contributors in the formation of contemporary international law.
Author: Obiora Chinedu Okafor
Publisher: BRILL
ISBN: 9004482482
Category : Law
Languages : en
Pages : 247
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Book Description
The purpose of this volume is dual. The first is to provide information about the question of the role that doctrines and practices of international law have played in the emergence and persistence of the phenomenon of socio-cultural fragmentation, and therefore of inter-group conflict, within African states. The second is to provide original thought about the ways in which, prompted by the emergent turn in our time to minority and group rights, international law and multilateral African states have begun the long journey toward modifying those doctrines and practices that have led to such unfortunate results, and have thereby begun to make very valuable contributions to the effort to prevent and/or reduce the incidence of inter-group strife in specific African contexts. The book is not, however, limited in scope by its utilisation of Africa as a case study. The book's core is based on analysis of traditional and contemporary international legal doctrines and practices, their effects in specific contexts, as well as on the role of multilateral institutions in the prevention of internecine conflict within established states. It is hoped that, with the use of African states as case studies, the book will be a contribution to the advancement of scholarly knowledge regarding the general question of the relationship among the doctrines of international law, the activities of multilateral institutions, and the management of the problems of fragmentation and internecine strife within established states the world over. This volume is relevant to international lawyers, specialists in international politics, diplomats, theorists, minority and group rights scholars, historians, and human rights activists in general. It is particularly relevant to the African studies specialist, the statesman and the diplomat.
