African States And Contemporary International Law

Author : Tayo O. Akintoba
Publisher : BRILL
Page : 192 pages
File Size : 53,7 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004482432

Get Book

African States and Contemporary International Law by Tayo O. Akintoba Pdf

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 : Taslim Olawale Elias,Richard Akinjide
Publisher : Martinus Nijhoff Publishers
Page : 332 pages
File Size : 49,5 Mb
Release : 1988-11-14
Category : Law
ISBN : 9024737966

Get Book

Africa and the Development of International Law by Taslim Olawale Elias,Richard Akinjide Pdf

In Africa. The new states and the United Nations. Modern.

Author : N.S. Rembe
Publisher : BRILL
Page : 272 pages
File Size : 48,6 Mb
Release : 2022-07-11
Category : Law
ISBN : 9789004482418

Get Book

Africa and the International Law of the Sea by N.S. Rembe Pdf

Author : Richard Akinjide,T.O. Elias
Publisher : BRILL
Page : 315 pages
File Size : 48,7 Mb
Release : 2023-12-11
Category : Law
ISBN : 9789004642188

Get Book

Africa and the Development of International Law by Richard Akinjide,T.O. Elias Pdf

Author : Abdulqawi A. Yusuf
Publisher : Martinus Nijhoff Publishers
Page : 288 pages
File Size : 49,5 Mb
Release : 2015-01-08
Category : Law
ISBN : 9789004285057

Get Book

Pan-Africanism and International Law by Abdulqawi A. Yusuf Pdf

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 : Yilma Makonnen
Publisher : Unknown
Page : 608 pages
File Size : 54,8 Mb
Release : 1983
Category : International law
ISBN : UOM:39015009199889

Get Book

International Law and the New States of Africa by Yilma Makonnen Pdf

Author : Tiyanjana Maluwa
Publisher : BRILL
Page : 368 pages
File Size : 43,7 Mb
Release : 2023-12-28
Category : Law
ISBN : 9789004638297

Get Book

International Law in Post-Colonial Africa by Tiyanjana Maluwa Pdf

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 : Obiora Chinedu Okafor
Publisher : BRILL
Page : 247 pages
File Size : 45,9 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004482487

Get Book

Re-Defining Legitimate Statehood by Obiora Chinedu Okafor Pdf

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.

Author : Felix Chuks Okoye
Publisher : Unknown
Page : 128 pages
File Size : 44,8 Mb
Release : 1972
Category : Electronic
ISBN : OCLC:884522068

Get Book

International Law and the New African States by Felix Chuks Okoye Pdf

Author : Abdulqawi A. Yusuf
Publisher : Martinus Nijhoff Publishers
Page : 786 pages
File Size : 40,8 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789004138728

Get Book

African Yearbook of International Law / Annuaire Africain de Droit International, Volume 10 (2002) by Abdulqawi A. Yusuf Pdf

"The African Yearbook of International Law" provides an intellectual forum for the systematic analysis and scientific dissection of issues of international law as they apply to Africa, as well as Africa's contribution to the progressive development of international law. It contributes to the promotion, acceptance of and respect for the principles of international law, as well as to the encouragement of the teaching, study, dissemination and wider appreciation of international law in Africa. A clear articulation of Africa's views on the various aspects of international law based on the present realities of the continent as well as on Africa's civilization, culture, philosophy and history will undoubtedly contribute to a better understanding among nations. "The African Yearbook of International Law" plays an important role in examining the tensions underlying the State in Africa, and by shedding more light on the causes of the fragility of African state institutions so as to facilitate the identification of appropriate remedies. The tension and interrelationships among issues such as territorial integrity, self determination, ethnic diversity and nation-building are constantly addressed. Development, human rights and democratization in Africa are also subject of continuous attention and examination.

Author : Dirdeiry M. Ahmed
Publisher : Cambridge University Press
Page : 321 pages
File Size : 53,8 Mb
Release : 2015-12-11
Category : History
ISBN : 9781107117983

Get Book

Boundaries and Secession in Africa and International Law by Dirdeiry M. Ahmed Pdf

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 : Gérard Kreijen
Publisher : Martinus Nijhoff Publishers
Page : 405 pages
File Size : 54,7 Mb
Release : 2004
Category : Law
ISBN : 9789004139657

Get Book

State Failure, Sovereignty And Effectiveness by Gérard Kreijen Pdf

This comprehensive study of State failure upholds that the collapse of States in sub-Saharan Africa is a self-inflicted problem caused by the abandonment of the principle of effectiveness during decolonization. On the one hand, the abandonment of effectiveness may have facilitated the recognition of the new African States, but on the other it did lead to the creation of States that were essentially powerless: some of which became utter failures. Written in a style both provocative and unorthodox and using convincing arguments, this study casts doubt on some of the most sacred principles of the modern doctrine of international law. It establishes that the declaratory theory of recognition cannot satisfactorily explain the continuing existence of failed States. It also demonstrates that the principled assertion of the right to self-determination as the basis for independence in Africa has turned the notion of sovereignty into a formal-legal figment without substance. This book is a plea for more realism in international law. Pensive pessimists in the tradition of Hobbes will probably love it. Idealists in the tradition of Grotius may hate it, but they will find it very difficult to reject its conclusions.

Author : Chris N. Okeke
Publisher : Unknown
Page : 282 pages
File Size : 48,7 Mb
Release : 1973
Category : International agencies
ISBN : UOM:39015031659181

Get Book

Controversial Subjects of Contemporary International Law by Chris N. Okeke Pdf

Author : Inge Van Hulle
Publisher : Oxford University Press
Page : 320 pages
File Size : 52,7 Mb
Release : 2020-10-22
Category : Law
ISBN : 9780192642585

Get Book

Britain and International Law in West Africa by Inge Van Hulle Pdf

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 : Jeremy I Levitt
Publisher : Bloomsbury Publishing
Page : 356 pages
File Size : 41,7 Mb
Release : 2008-03-31
Category : Law
ISBN : 9781847314178

Get Book

Africa by Jeremy I Levitt Pdf

The principal aim of this work is to provide a forum for leading international lawyers with experience and interest in Africa to address a broad range of intellectual challenges concerning the contribution of African states and peoples to international law. As such, the volume addresses orthodox topics of international law - such as jurisdiction and intervention - but tackles them from an African perspective, and seeks to ask whether, in each case, the African perspective is unique or affirms existing arrangements of international law. The book cannot come at a more important time. While international legal discourse has been captured by the challenge of terrorism since September 11, 2001, there are clear signs that other issues are returning to the fore. Political interest in Africa has undergone a global revival, and the OAU has been transformed into the African Union. Infrastructural challenges, along with those taking place in regional contexts, have effectively mapped a new politico-legal landscape for Africa. This, and more, is explored, and the key normative questions are addressed in a series of essays by leading Africanist scholars. 'This is a remarkable collection of essays that clearly and concisely demonstrates that Africa has and will continue to play a major role in fashioning new norms of international law and policy and contribute to its progressive development by affirming existing norms. Professor Levitt is to be commended for having the vision, leadership and intellectual prowess to produce this excellent text. The book signals a major shift from the study of Africa as a basket case to a normative market place.' Akua Kuenyehia, Vice President, International Criminal Court 'Professor Levitt's work, Africa: Mapping New Boundaries in International Law, is pathbreaking in the true sense of that word. Through old and new voices, it excavates the singular contributions of Africa to a discipline that is marked by Eurocentrism and imperial aspirations. The authors, taking their cue from the indefatigable and insightful Professor Levitt, establish beyond a shadow of a doubt the enormity of the normative contributions that Africa has made to international law. The book must therefore be seen as a defining contribution to the multiculturalization of international law. It is for this reason that Professor Levitt is among the most important American academics working and thinking in international law today.' Makau Mutua, Interim Dean, SUNY Distinguished Professor, State University of New York Buffalo Law School