Pan Africanism And International Law

Author : Abdulqawi A. Yusuf
Publisher : Martinus Nijhoff Publishers
Page : 288 pages
File Size : 44,6 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 : Taslim Olawale Elias,Richard Akinjide
Publisher : Martinus Nijhoff Publishers
Page : 332 pages
File Size : 52,6 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 : Richard Akinjide,T.O. Elias
Publisher : BRILL
Page : 315 pages
File Size : 42,5 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 : Kamari Maxine Clarke
Publisher : Duke University Press
Page : 212 pages
File Size : 49,8 Mb
Release : 2019-11-15
Category : History
ISBN : 9781478007388

Get Book

Affective Justice by Kamari Maxine Clarke Pdf

Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.

Author : Nsongurua J. Udombana
Publisher : Unknown
Page : 0 pages
File Size : 49,5 Mb
Release : 2020
Category : International agencies
ISBN : 9785768236

Get Book

The African Union in International Law by Nsongurua J. Udombana Pdf

Author : Frans Viljoen
Publisher : OUP Oxford
Page : 661 pages
File Size : 42,7 Mb
Release : 2012-03-29
Category : Law
ISBN : 9780191626838

Get Book

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.

Author : Frans Viljoen,Humphrey Sipalla ,Foluso Adegalu
Publisher : Pretoria University Law Press
Page : 358 pages
File Size : 48,7 Mb
Release : 2022-10-04
Category : Law
ISBN : 8210379456XXX

Get Book

Exploring African approaches to international law: Essays in honour of Kéba Mbaye by Frans Viljoen,Humphrey Sipalla ,Foluso Adegalu Pdf

It is unfortunate that the idea that Africa contributes to international law, and has always done so, remains (in 2022) largely a side note, an auxiliary approach, rather than something widely accepted and deeply entrenched. It is cause for pause that this is also true in Africa itself. Exploring African approaches to international law: Essays in honour of Kéba Mbaye is a volume of essays that aims to contribute to a larger effort of imagining what possible approaches to international law Africa has adopted in the decades since the 1960s. It also recognises the legacy of the great Senegalese jurist Kéba Mbaye. Edited by Frans Viljoen, Humphrey Sipalla and Foluso Adegalu, the volume is divided into five broad thematic parts, and comprises eleven chapters. It covers the following themes: ‘Kéba Mbaye in African approaches to international law’, ‘international legal theory’, ‘international human rights law’, ‘international environmental and criminal law’ and ‘teaching of international law’. This publication finds its origins in the 2017 Roundtable on African approaches to international law, held at the Centre for Human Rights, University of Pretoria. The explorations at the Roundtable on the concept of an ‘African approach’ to international law were taken further at the Kéba Mbaye Conference on African approaches to international law, held at the Senate Hall, University of Pretoria, in December 2018. This conference brought together around 80 students, academics, and members of civil society to address the many questions left unanswered by the death of Judge Mbaye, arguably Africa’s greatest international law jurist of his generation. It provided a forum to continue discussions on ‘African approaches to international (human rights) law’, building on but rethinking and ‘vernacularising’ the Third World Approaches to International Law (TWAIL) approach. The contributions to this publication flow from papers presented at the conference. However, the reflections in the book extend beyond Kéba Mbaye as central figure. The result is a broad treatment of various aspects of African approaches to international law by thirteen authors (and co-authors), covering a wide range of generational, geographic and thematic backgrounds and perspectives.

Author : Abdulqawi A. Yusuf
Publisher : Martinus Nijhoff Publishers
Page : 786 pages
File Size : 50,5 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 : John Dugard
Publisher : Juta
Page : 424 pages
File Size : 54,5 Mb
Release : 1994
Category : Law
ISBN : UVA:X002560930

Get Book

International Law by John Dugard Pdf

Author : Vincent O. Nmehielle
Publisher : BRILL
Page : 478 pages
File Size : 40,7 Mb
Release : 2021-09-13
Category : Law
ISBN : 9789004481060

Get Book

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.

Author : Richard Frimpong Oppong
Publisher : Cambridge University Press
Page : 559 pages
File Size : 52,9 Mb
Release : 2013-09-12
Category : Law
ISBN : 9781107433687

Get Book

Private International Law in Commonwealth Africa by Richard Frimpong Oppong Pdf

This book provides a comprehensive and comparative examination of private international law in Commonwealth Africa. It offers an unrivalled breadth of coverage in its examination of the law in Botswana, the Gambia, Ghana, Kenya, Lesotho, Malawi, Namibia, Nigeria, Sierra Leone, South Africa, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe. The book is clearly and logically structured - it is organised around broad themes or issues, with country reports and accompanied by detailed commentaries. Drawing on nearly 1500 cases decided by courts in these countries and numerous national statutes, this book covers the four cornerstones of private international law: jurisdiction, choice of law, foreign judgements and arbitral awards enforcement, and international civil procedure. The author also provides an extensive bibliography of the literature on African private international law. Scholars and practitioners alike will find Private International Law in Commonwealth Africa invaluable and illuminating.

Author : Tiyanjana Maluwa
Publisher : BRILL
Page : 368 pages
File Size : 46,9 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 : A. J. G. M. Sanders
Publisher : Unknown
Page : 284 pages
File Size : 53,7 Mb
Release : 1979
Category : International and municipal law
ISBN : STANFORD:36105043740880

Get Book

International Jurisprudence in African Context by A. J. G. M. Sanders Pdf

Author : Jeremy I Levitt
Publisher : Bloomsbury Publishing
Page : 356 pages
File Size : 45,7 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

Author : Yilma Makonnen
Publisher : Unknown
Page : 608 pages
File Size : 43,7 Mb
Release : 1983
Category : International law
ISBN : UOM:39015009199889

Get Book

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