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Author: Taslim Olawale Elias
Publisher: Martinus Nijhoff Publishers
ISBN: 9789024737963
Category : Law
Languages : en
Pages : 332
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Book Description
In Africa. The new states and the United Nations. Modern.
Author: Taslim Olawale Elias
Publisher: Martinus Nijhoff Publishers
ISBN: 9789024737963
Category : Law
Languages : en
Pages : 332
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Book Description
In Africa. The new states and the United Nations. Modern.
Author: Otfried Nippold
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 266
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Book Description
Author: Abdulqawi A. Yusuf
Publisher: Martinus Nijhoff Publishers
ISBN: 9004285059
Category : Law
Languages : en
Pages : 288
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Book Description
Pan-Africanism offers a unique vantage point to study Africa’s encounters with international law : first, as a continent whose political entities were excluded from the scope of application of the Eurocentric version of international law that was applied among the self-styled club of “civilized nations” ; second, through the emergence of African States as subjects of international law willing to contribute to the reform and further development of the law as a universal interstate normative system; and third, as members of the OAU and the AU acting collectively to generate innovative principles and rules, which, though applicable only in the context of intra-African relations, either go beyond those existing at the universal level or complement them by broadening their scope. This study examines those encounters through the various stages in the evolution of Pan-Africanism from a diaspora-based movement, engaged in the struggle for the emancipation of the peoples of the continent, to groupings of independent States and intergovernmental organizations which continue to promote African unity and influence the development of international law to make it more reflective of diverse legal traditions and values.
Author: Dirdeiry M. Ahmed
Publisher: Cambridge University Press
ISBN: 1107117984
Category : History
Languages : en
Pages : 321
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Book Description
This book challenges the central assumption of the law of territory by establishing that uti possidetis is not a general principle of law, and arguing that African customary rules were generated. It includes in-depth coverage of African secession, with issues of human rights law, self-determination and political science presented in a new light.
Author: Inge Van Hulle
Publisher: Oxford University Press
ISBN: 0192642588
Category : Law
Languages : en
Pages : 515
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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: Fola Adeleke
Publisher: Routledge
ISBN: 1351998811
Category : Business & Economics
Languages : en
Pages : 211
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Book Description
This book studies the international investment law regime in Africa and provides a comprehensive analysis of the current treaty practices in Africa from global, regional and domestic perspectives. It develops a public interest regulation theory to highlight the role of investment regulation in sustainable development and the protection of human rights. In doing so, the book identifies seven factors that should be considered by arbitrators in resolving international investment disputes that affect the public interest. It considers how corporations can be held accountable through investment treaties in the absence of a global treaty on business and human rights while protecting the rights of investors and their investments. Furthermore, the book explores the current objectives and features of investor-state dispute settlement (ISDS) as well as the deficiencies and its intersection with the rule of law. It identifies alternatives for ISDS and the extent to which these alternatives address the objectives of attracting investment, depoliticise investment disputes, promote the rule of law and offer remedies to investors. These solutions are offered in relation to the protection of human rights, the promotion of sustainable development and the right of states to introduce domestic public interest regulation. Finally, the book takes a prospective stance and discusses future trends for dispute settlement and investment rulemaking in Africa.
Author: Mieke van der Linden
Publisher: BRILL
ISBN: 9004321195
Category : Law
Languages : en
Pages : 364
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Book Description
Over recent decades, the responsibility for the past actions of the European colonial powers in relation to their former colonies has been subject to a lively debate. In this book, the question of the responsibility under international law of former colonial States is addressed. Such a legal responsibility would presuppose the violation of the international law that was applicable at the time of colonization. In the ‘Scramble for Africa’ during the Age of New Imperialism (1870-1914), European States and non-State actors mainly used cession and protectorate treaties to acquire territorial sovereignty (imperium) and property rights over land (dominium). The question is raised whether Europeans did or did not on a systematic scale breach these treaties in the context of the acquisition of territory and the expansion of empire, mainly through extending sovereignty rights and, subsequently, intervening in the internal affairs of African political entities.
Author: Ian Hurd
Publisher: Princeton University Press
ISBN: 1400888077
Category : Political Science
Languages : en
Pages : 201
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Book Description
A provocative reassessment of the rule of law in world politics Conventionally understood as a set of limits on state behavior, the “rule of law” in world politics is widely assumed to serve as a progressive contribution to a just, stable, and predictable world. In How to Do Things with International Law, Ian Hurd challenges this received wisdom. Bringing the study of law and legality together with power, politics, and legitimation, he illustrates the complex politics of the international rule of law. Hurd draws on a series of timely case studies involving recent legal arguments over war, torture, and drones to demonstrate that international law not only domesticates state power but also serves as a permissive and even empowering source of legitimation for state action—including violence and torture. Rather than a civilizing force that holds the promise of universal peace, international law is a deeply politicized set of practices driven by the pursuit of particular interests and desires. The disputes so common in world politics over what law permits and what it forbids are, therefore, fights over the legitimating effect of legality. A reconsideration of the rule of law in world politics and its relationship to state power, How to Do Things with International Law examines how and why governments use and manipulate international law in foreign policy.
Author: Edwin Egede
Publisher: Springer Science & Business Media
ISBN: 3642176623
Category : Law
Languages : en
Pages : 301
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Book Description
This book seeks to fill a gap in the existing literature by examining the role of African States in the development and establishment of the regime of the deep seabed beyond national jurisdiction (the Area) and the concept of the Common Heritage of Mankind.
Author: Felix Chuks Okoye
Publisher:
ISBN:
Category : History
Languages : en
Pages : 252
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Book Description
Monograph on the contribution of newly independent African developing countries to the development of international law - discusses (1) the attainment of independence and problems of state succession to treatys and membership of international organizations, (2) the origins and development of the OAU, and (3) the impact of African states on legal aspects of foreign investment, international cooperation, peaceful settlement of disputes, etc. Bibliography pp. 217 to 221 and references.
