African Union Law

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The Emergent African Union Law

Author : Olufemi Amao,Michèle Olivier,Konstantinos D. Magliveras
Publisher : Oxford University Press
Page : 497 pages
File Size : 49,8 Mb
Release : 2021-10-07
Category : Law
ISBN : 9780192606778

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The Emergent African Union Law by Olufemi Amao,Michèle Olivier,Konstantinos D. Magliveras Pdf

This book is a groundbreaking study of the emergence of a unique African Union legal system, with contributions from a diverse collection of scholars and practitioners. It highlights how law stands at the heart of the successful regional integration effort in Africa and explores, among either issues, the extent to which African Union law is having an impact on domestic laws. This trend has been particularly noticeable in the area of human rights, the rule of law, democratic principles, and aspects of constitutional law. Furthermore, the book examines how the African Union is engendering new norms from its legal order, such as the non-indifference norm, the norm on unconstitutional change of government, free trade, free movement of people, economic regulation, and democratic constitutionalism. The book also analyses how the African Union legal order has led to the emergence of a continental-level judicial system. The quasi-judicial system put in place under the African Charter on Human and Peoples' Rights, and administered by the African Commission on Human and Peoples' Rights, is now complemented by the African Court on Human and Peoples' Rights. This book contends that the continental-level judicial system is playing a crucial role in the moulding of emergent norms.

The Emergent African Union Law

Author : Olufemi Amao,Michèle Olivier,Konstantinos D. Magliveras
Publisher : Oxford University Press
Page : 497 pages
File Size : 55,9 Mb
Release : 2021
Category : Law
ISBN : 9780198862154

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The Emergent African Union Law by Olufemi Amao,Michèle Olivier,Konstantinos D. Magliveras Pdf

This edited collection explores the role of law in the regional integration effort in Africa, and assesses the extent to which African Union law is having in impact on domestic law across the continent. It analyses how the African Union is engendering new norms and standards, in areas such as economic regulation and democratic constitutionalism.--

The African Union

Author : Konstantinos D. Magliveras,Gino J. Naldi
Publisher : Kluwer Law International B.V.
Page : 522 pages
File Size : 55,5 Mb
Release : 2018-02-28
Category : Law
ISBN : 9789041195883

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The African Union by Konstantinos D. Magliveras,Gino J. Naldi Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of The African Union (AU) provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. No other book gives such a clear, uncomplicated description of the organization’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations. The monograph proceeds logically from the organization’s genesis and historical development to the structure of its membership, its various organs and their mandates, its role in intergovernmental cooperation, and its interaction with decisions taken at the national level. Its competence, its financial management, and the nature and applicability of its data and publications are fully described. Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of The African Union (AU) for all interested parties. Students and teachers of international law will find it especially valuable as an essential component of the rapidly growing and changing global legal milieu.

Human Rights and the Environment under African Union Law

Author : Michael Addaney,Ademola Oluborode Jegede
Publisher : Springer Nature
Page : 477 pages
File Size : 41,5 Mb
Release : 2020-08-21
Category : Law
ISBN : 9783030465230

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Human Rights and the Environment under African Union Law by Michael Addaney,Ademola Oluborode Jegede Pdf

This book brings together original and novel perspectives on major developments in human rights law and the environment in Africa. Focusing on African Union law, the book explores the core concepts and principles, theory and practice, accountability mechanisms and key issues challenging human rights law in the era of global environmental change. It, thus, extend the frontier of understanding in this fundamental area by building on existing scholarship on African human rights law and the protection of the environment, divulging concerns on redressing environmental and human rights protection issues in the context of economic growth and sustainable development. It further offers unique insight into the development, domestication and implementation challenges relating to human rights law and environmental governance in Africa. This long overdue interdisciplinary exploration of human rights law and the environment from an African perspective will be an indispensable reference point for academics, policymakers, practitioners and advocates of international human rights and environmental law in particular and international law, environmental politics and philosophy, and African studies in general. It is clear that there is much to do, study and share on this timely subject in the African context.

African Union Law

Author : Olufemi Amao
Publisher : Routledge
Page : 220 pages
File Size : 40,7 Mb
Release : 2019
Category : Law
ISBN : 1315690551

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African Union Law by Olufemi Amao Pdf

This book explores the emergence of African Union (AU) law as a legal order and its implications for existing order in the region. As an authoritative text on the development of AU law, the book covers such pertinent issues as legislative powers, competences, direct effect in AU law, subsidiarity, interventionism, and enforcement of laws. Olufemi Amao argues that there is a gradual movement from intergovernmentalism to supranationalism in the African Union legal order, and explores how this trajectory gradually and incrementally de-emphasises the discourse on nation state sovereignty; a concept that has caused many problems in the African context. Drawing upon EU law as a comparison, the book also examines how the development of supranationalism affects crucial issues such as human rights, democratic reforms, territorial matters, tribal and religious disputes, and economic relations. As a comprehensive examination of the development of law within a union, this book will be of great interest and use to students, scholars and practitioners in international law, international relations, and African studies.

The African Union: Legal and Institutional Framework

Author : Abdulqawi A. Yusuf,Fatsah Ouguergouz
Publisher : Martinus Nijhoff Publishers
Page : 593 pages
File Size : 51,7 Mb
Release : 2012-01-20
Category : Social Science
ISBN : 9789004221000

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The African Union: Legal and Institutional Framework by Abdulqawi A. Yusuf,Fatsah Ouguergouz Pdf

This work is an introduction into the origins, law and institutions of the African Union (AU). It examines the evolution, structures, legal standards and operational activities of this Pan-African organization, which replaced the Organization of African Unity (OAU) ten years ago.

Peacebuilding in the African Union

Author : Abou Jeng
Publisher : Cambridge University Press
Page : 351 pages
File Size : 54,6 Mb
Release : 2012-08-02
Category : Political Science
ISBN : 9781139560672

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Peacebuilding in the African Union by Abou Jeng Pdf

Particularly in the context of internal conflicts, international law is frequently unable to create and sustain frameworks for peace in Africa. In Peacebuilding in the African Union, Abou Jeng explores the factors which have prevented such steps forward in the interaction between the international legal order and postcolonial Africa. In the first work of its kind, Jeng considers whether these limitations necessitate recasting the existing conceptual structure and whether the Constitutive Act of the African Union provides exactly this opportunity through its integrated peace and security framework. Through the case studies of Burundi and Somalia, Jeng examines the structures and philosophy of the African Union and assesses the capacity of its practices in peacemaking. In so doing, this book will be of great practical value to scholars and legal practitioners alike.

The Emergent African Union Law

Author : Olufemi Amao,Michèle Emily Olivier,Konstantinos D. Magliveras
Publisher : Unknown
Page : 128 pages
File Size : 50,6 Mb
Release : 2021
Category : Electronic books
ISBN : 019260676X

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The Emergent African Union Law by Olufemi Amao,Michèle Emily Olivier,Konstantinos D. Magliveras Pdf

This edited collection explores the role of law in the regional integration effort in Africa, and assesses the extent to which African Union law is having in impact on domestic law across the continent. It analyses how the African Union is engendering new norms and standards, in areas such as economic regulation and democratic constitutionalism.

Africa and the Responsibility to Protect

Author : Dan Kuwali,Frans Viljoen
Publisher : Routledge
Page : 411 pages
File Size : 42,9 Mb
Release : 2013-11-26
Category : Law
ISBN : 9781317917755

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Africa and the Responsibility to Protect by Dan Kuwali,Frans Viljoen Pdf

Situations of serious or massive violations of human rights are no longer purely of domestic concern, and sovereignty can no longer be an absolute shield for repressive governments in such circumstances. Based on this realization, the international community has recognized a responsibility to protect individuals in states where their governments are unable or unwilling to provide protection against the most serious violations. However, so far, only one intergovernmental organization, the African Union (AU), has explicitly made the right to intervene in a Member State part of its foundational text in Article 4(h) of its Constitutive Act. Although there have been cases of Article 4(h)-type interventions in Africa, the AU Assembly has not yet invoked Article 4(h) explicitly. This book brings together experts in the field to explore the potential application of Article 4(h), and the complexities that may explain its non-invocation so far. Although Article 4(h) is noble in purpose, its implementation faces several legal and policy challenges given that the use of force penetrates the principles of state sovereignty and non-intervention – the very cornerstones upon which the AU is founded. This book considers these issues, as well as the need to reconcile Article 4(h), in so far as it allows the AU to exercise military intervention to protect populations at risk of mass atrocities, with the provisions of the Charter of the United Nations. Drawing from the insights of law, political science, diplomacy and military strategy, the book offers a unique combination of multi-disciplinary expertise that harnesses the views of a diverse group of authors, focused on the legal, policy, and practical insights on the implementation of Article 4(h) and the responsibility to protect in Africa in order to provide concrete recommendations on how to end mass atrocities on the continent

Model Law on Access to Information for Africa and other regional instruments: Soft law and human rights in Africa

Author : Ololade Shyllon
Publisher : Pretoria University Law Press
Page : 268 pages
File Size : 52,6 Mb
Release : 2018-01-01
Category : Law
ISBN : 8210379456XXX

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Model Law on Access to Information for Africa and other regional instruments: Soft law and human rights in Africa by Ololade Shyllon Pdf

Model Law on Access to Information for Africa and other regional instruments: Soft law and human rights in Africa Edited by Ololade Shyllon 2018 ISBN: 978-1-920538-87-3 Pages: 255 Print version: Available Electronic version: Free PDF available About the publication The adoption in 2013 of the Model Law on Access to Information for Africa by the African Commission on Human and Peoples’ Rights is an important landmark in the increasing elaboration of human rights-related soft law standards in Africa. Although non-binding, the Model Law significantly influenced the access to information landscape on the continent. Since the adoption of the Model Law, the Commission adopted several General Comments. The AU similarly adopted Model Laws such as the African Union Model Law on Internally Displaced Persons in Addressing Internal Displacement in Africa. This collection of essays inquires into the role and impact of soft law standards within the African human rights system and the AU generally. It assesses the extent to which these standards induced compliance, and identifies factors that contribute to generating such compliance. This book is a collection of papers presented at a conference organised by the Centre for Human Rights, University of Pretoria, with the financial support of the government of Norway, through the Royal Norwegian Embassy in Pretoria. Following the conference, the papers were reviewed and reworked. Table of Contents Acknowledgments Preface Contributors Abbreviations and acronyms PART I: THE MODEL LAW AND ITS INFLUENCE ON ACCESS TO INFORMATION IN AFRICA Introduction Ololade Shyllon The impact of the Model Law on Access to Information for Africa Fola Adeleke Implementing a Model Law on Access to Information in Africa: Lessons from the Americas Marianna Belalba and Alan Sears The implementation of the constitutional right of access to information in Africa: Opportunities and challenges Ololade Shyllon PART II: COUNTRY STUDIES The Model Law on Access to Information for Africa and the struggle for the review and passage of the Ghanaian Right to Information Bill of 2013 Ugonna Ukaigwe The impact of the Model Law on Access to Information for Africa on Kenya’s Access to Information framework Anne Nderi The Sudanese Access to Information Act 2015: A step forward? Ali Abdelrahman Ali Compliance through decoration: Access to information in Zimbabwe Nhlanhla Ngwenya PART III: INFLUENCE OF SOFT LAW WITHIN THE AFRICAN HUMAN RIGHTS SYSTEM Soft law and legitimacy in the African Union: The case of the Pretoria Principles on Ending Mass Atrocities Pursuant to Article 4(h) of the AU Constitutive Act Busingye Kabumba The incorporation of the thematic resolutions of the African Commission into the domestic laws of African countries Japhet Biegon General Comment 1 of the African Commission of the African Commission on Human and Peoples’ Rights: A source of norms and standard setting on sexual and reproductive health and rights Ebenezer Durojaye The African Union Model Law on Internally Displaced Persons: A critique Romola Adeola Selected bibliography

International Human Rights Law in Africa

Author : Frans Viljoen
Publisher : OUP Oxford
Page : 661 pages
File Size : 48,7 Mb
Release : 2012-03-29
Category : Law
ISBN : 9780191626838

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International Human Rights Law in Africa by Frans Viljoen Pdf

This book provides a comprehensive and analytical overview of human rights law in Africa. It examines the institutions, norms, and processes for human rights realization provided for under the United Nations system, the African Union, and sub-regional economic communitites in Africa, and explores their relationship with the national legal systems of African states. Since the establishment of the African Union in 2001, there has been a proliferation of regional institutions that are relevant to human rights in Africa. These include the Pan African Parliament, the Peace and Security Council, the Economic, Social and Cultural Council and the African Peer Review Mechanism of the New Partnership for Africa's Development. This book discusses the links between these institutions. It further examines the case law stemming from Africa' most important human rights instrument, the African Charter on Human and Peoples Rights, which entered into force on 21 October 1986. This new edition contains a new chapter on the African Children's Rights Committee as well as full coverage of new developments and instruments, such as the Convention on the Rights of Persons with Disabilities, the Convention on Enforced Disappearances, and the African Charter on Democracy, Elections and Governance. Three cross-cutting themes are explored throughout the book: national implementation and enforcement of international human rights law; legal and other forms of integration; and the role of human rights in the eradication of poverty. The book also provides an introduction to the relevant human rights concepts.

International Human Rights and their Enforcement in Africa

Author : Kiwinda Mbondenyi
Publisher : African Books Collective
Page : 532 pages
File Size : 53,6 Mb
Release : 2011-12-29
Category : Political Science
ISBN : 9789966530028

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International Human Rights and their Enforcement in Africa by Kiwinda Mbondenyi Pdf

Whilst the establishment of the African human rights system was a good gesture that signalled the recognition of the value and essence of international human rights in the continent, a continuous study of the system has become necessary. This is particularly in light of the fact that the continent is in desperate need of well established and effective regional human rights enforcement mechanisms. At the moment, the regional human rights system is stuck between prospects and pitfalls because of the gap that exists between the promise of human rights and their actual realisation. By all means, this trend needs to be reversed. The main objective and purpose of this book is to underscore the challenges besetting the effective enforcement of international human rights law in Africa and the prospects and promises of an effective regional human rights system.

The African Human Rights System

Author : Vincent O. Nmehielle
Publisher : BRILL
Page : 478 pages
File Size : 51,5 Mb
Release : 2021-09-13
Category : Law
ISBN : 9789004481060

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The African Human Rights System by Vincent O. Nmehielle Pdf

This volume is a comprehensive treatment of the African human rights system in terms of the laws, practice, and institutions of the system. The volume discusses, analyzes, and evaluates normative instruments of the African system: the Charter of the Organization of the African Unity (OAU), and the African Charter on Human and Peoples' Rights, presenting article-by-article analysis of its provisions and those of the Protocol on the Establishment of the African Court on Human and Peoples' Rights. Similarly the OAU (now the African Union), the African Commission on Human and Peoples' Rights, and the proposed African Court on Human Rights, as institutions of the system, are discussed. The book emphasizes a comparative approach and presents a summary of the UN, the European and the Inter-American human rights mechanisms with regard to their impact on the African system. The role of NGOs in the African system is also considered, as well as the controversial issue of human rights in pre-colonial and colonial Africa.

African Union Law

Author : Olufemi Amao
Publisher : Routledge
Page : 220 pages
File Size : 44,9 Mb
Release : 2018-07-06
Category : Law
ISBN : 9781317427452

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African Union Law by Olufemi Amao Pdf

This book explores the emergence of African Union (AU) law as a legal order and its implications for existing order in the region. As an authoritative text on the development of AU law, the book covers such pertinent issues as legislative powers, competences, direct effect in AU law, subsidiarity, interventionism, and enforcement of laws. Olufemi Amao argues that there is a gradual movement from intergovernmentalism to supranationalism in the African Union legal order, and explores how this trajectory gradually and incrementally de-emphasises the discourse on nation state sovereignty; a concept that has caused many problems in the African context. Drawing upon EU law as a comparison, the book also examines how the development of supranationalism affects crucial issues such as human rights, democratic reforms, territorial matters, tribal and religious disputes, and economic relations. As a comprehensive examination of the development of law within a union, this book will be of great interest and use to students, scholars and practitioners in international law, international relations, and African studies.

Yearbook on the African Union Volume 1 (2020)

Author : Anonim
Publisher : BRILL
Page : 288 pages
File Size : 53,5 Mb
Release : 2021-10-25
Category : Political Science
ISBN : 9789004498914

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Yearbook on the African Union Volume 1 (2020) by Anonim Pdf

This is the first edition of the Yearbook on the African Union. It is first and foremost an academic project that will provide in-depth evaluation and analysis of the institution, its processes, and its engagements.