The African Union Legal And Institutional Framework

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The African Union: Legal and Institutional Framework

Author : Abdulqawi A. Yusuf,Fatsah Ouguergouz
Publisher : Martinus Nijhoff Publishers
Page : 593 pages
File Size : 51,8 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.

The African Union (AU)

Author : Konstantinos D. Magliveras,Gino J. Naldi
Publisher : Aspen Publishers
Page : 0 pages
File Size : 53,8 Mb
Release : 2013
Category : Africa
ISBN : 904115616X

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The African Union (AU) 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 organizationand’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 organizationand’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.

The African Human Rights System

Author : Vincent O. Nmehielle
Publisher : BRILL
Page : 478 pages
File Size : 40,7 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.

The Emergent African Union Law

Author : Olufemi Amao,Michèle Olivier,Konstantinos D. Magliveras
Publisher : Oxford University Press
Page : 497 pages
File Size : 50,5 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.

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 : 48,5 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

East African Community Law

Author : Emmanuel Ugirashebuja,John Eudes Ruhangisa,Tom Ottervanger,Armin Cuyvers
Publisher : BRILL
Page : 553 pages
File Size : 40,7 Mb
Release : 2017-03-06
Category : Law
ISBN : 9789004322073

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East African Community Law by Emmanuel Ugirashebuja,John Eudes Ruhangisa,Tom Ottervanger,Armin Cuyvers Pdf

East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law. The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.

Governance, Human Rights, and Political Transformation in Africa

Author : Michael Addaney,Michael Gyan Nyarko,Elsabé Boshoff
Publisher : Springer Nature
Page : 433 pages
File Size : 47,5 Mb
Release : 2019-11-19
Category : Political Science
ISBN : 9783030270490

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Governance, Human Rights, and Political Transformation in Africa by Michael Addaney,Michael Gyan Nyarko,Elsabé Boshoff Pdf

This edited volume examines the development and challenges of governance, democracy, and human rights in Africa. It analyzes the emerging challenges for strengthening good governance in the region and explores issues related to civil, political, economic, cultural, and social rights highlighting group rights including women, girls, and other minority groups. The project presents a useful study of the democratization processes and normative developments in Africa exploring challenges in the form of corruption, conflict, political violence, and their subsequent impact on populations. The contributors appraise the implementation gap between law and practice and the need for institutional reform to build strong and robust mechanisms at the domestic, regional, and international levels.

The African Union: Legal and Institutional Framework

Author : Abdulqawi A. Yusuf,Fatsah Ouguergouz
Publisher : Martinus Nijhoff Publishers
Page : 592 pages
File Size : 44,9 Mb
Release : 2012-01-20
Category : Law
ISBN : 9789004227729

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

This work is an introduction to 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) 10 years ago. Although the AU came into being in 2001, so far there is no comprehensive work which addresses the institution, its organs and structures, the scope of its operations, its legal framework and the normative standards underpinning its objectives and functions or those underlying the conventions, charters and protocols it has enacted or inherited from its predecessor, the OAU. It is the aim of this work to fill that void. It has been conceived as a manual, and not as a scholarly treatise, so as to serve as a basic introduction to the institutional and legal framework of the AU and its affiliated organizations. It is meant to offer a concise and clear picture of the nature and workings of a continental institution aimed not only at promoting peace and unity in Africa but also at ensuring human security, development, human rights protection and good governance for the peoples of Africa.

Regional Developmentalism through Law

Author : Jonathan Bashi Rudahindwa
Publisher : Routledge
Page : 244 pages
File Size : 41,9 Mb
Release : 2018-05-20
Category : Law
ISBN : 9781351670333

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Regional Developmentalism through Law by Jonathan Bashi Rudahindwa Pdf

Offering a study of regionalism in Africa and investigating the ways in which law can be used to address the issues raised by regional processes on the continent, this book examines the African Economic Community, considering that it has been entrusted to coordinate and to harmonize policies between various Regional Economic Communities (RECs) across the continent, thereby influencing the continent’s approach towards regional integration. It seeks to identify how law can be used to strengthen the African RECs while ensuring that they achieve their goal of promoting regional development across the continent. Drawing upon economic and political theories, and using a critical doctrinal analysis of legal texts and norms, the book uncovers the legal and economic underpinnings of the model of regional integration followed by the regional schemes operating under the banner of the AEC, aiming to contribute to the search for effective methods to ensure the success of these various initiatives. Proposing the concept of "Regional Developmentalism Through Law" as the most suitable conceptual framework to support the effective establishment of an African Economic Community, this book will be of interest to researchers, academics and policy makers interested in the correlation between law, regional integration and development in Africa.

Regional Organizations and Democracy, Human Rights, and the Rule of Law

Author : Sören Stapel
Publisher : Unknown
Page : 0 pages
File Size : 44,8 Mb
Release : 2022
Category : Electronic
ISBN : 3030903990

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Regional Organizations and Democracy, Human Rights, and the Rule of Law by Sören Stapel Pdf

This book explores when, why, and how regional organizations adopt and design institutions to promote and protect fundamental standards of democracy, human rights, and rule of law in their member states. These regional institutions have spread globally. While their institutional designs have become increasingly similar over time, regional particularities persist. The book identifies factors that generate the demand for regional institutions and shape its institutional design. The argument combines hitherto juxtaposed explanatory factors of demands and diffusion by integrating them in a single framework and clarifying under what conditions the interplay between demands and diffusion plays out in the adoption and design of regional institutions. The book provides a comprehensive overview of regional democracy, human rights, and rule of law institutions based on two original datasets and draws on multivariate statistical analysis as well as case studies on the making and change of regional institutions in the Organization of American States and the Organization of African Unity/African Union. Sören Stapel is postdoctoral researcher at the University of Freiburg, Germany. His research interests include global and regional governance, norm and policy diffusion, human rights, and overlapping regionalism. He recently published Comparing Regional Organizations (Bristol University Press, 2020, with Diana Panke and Anna Starkmann).

The African Court of Justice and Human and Peoples' Rights in Context

Author : Charles C. Jalloh,Kamari M. Clarke,Vincent O. Nmehielle
Publisher : Cambridge University Press
Page : 1199 pages
File Size : 48,8 Mb
Release : 2019-05-16
Category : History
ISBN : 9781108422734

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The African Court of Justice and Human and Peoples' Rights in Context by Charles C. Jalloh,Kamari M. Clarke,Vincent O. Nmehielle Pdf

This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.

A Study of the African Union's Right of Intervention Against Genocide, Crimes Against Humanity and War Crimes

Author : Girmachew Alemu
Publisher : Wolf Legal Publishers
Page : 0 pages
File Size : 49,7 Mb
Release : 2011
Category : Crimes against humanity
ISBN : 9058506444

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A Study of the African Union's Right of Intervention Against Genocide, Crimes Against Humanity and War Crimes by Girmachew Alemu Pdf

In 2000, the International Panel of Eminent Personalities that investigated the genocide in Rwanda concluded that intervention could have saved the thousands of lives that perished in less than a hundred days. The finding made it clear that Africa as a continent needed to develop in earnest the normative and institutional framework to save the lives of its inhabitants faced with massive crimes. In 2001, the African states established the African Union, endowed with a right of intervention inside its member states against genocide, crimes against humanity, and war crimes. This book investigates the legality of the African Union's right of intervention under international law. It critically analyzes the constituent elements of the African Union's right of intervention and elucidates the norms and institutions relevant for its effective implementation. The book uses the Darfur atrocities and the surrounding events to explain the challenges in the application of the African Union's right of intervention against genocide, crimes against humanity, and war crimes.

Sovereignty and the 'United States of Africa'

Author : George Mukundi Wachira
Publisher : Unknown
Page : 18 pages
File Size : 41,7 Mb
Release : 2007
Category : Sovereignty
ISBN : STANFORD:36105133110069

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Sovereignty and the 'United States of Africa' by George Mukundi Wachira Pdf

"Member states of the African Union have proposed an ambitious integration effort designed to create a continental government. The success of such a bid will be dependent on the resolution of various legal, political and economic issues that are crucial to a government of this nature. One of the fundamental questions that states have to deal with is the extent to which they are willing to cede sovereign powers they currently enjoy to a continental body or government to enable it to achieve their common objectives. Comparable experiences from the European Union institutional framework illustrate that enhanced economic and political unity demands closer cooperation and self-sacrifice that sometimes conflict with traditional notions of state sovereignty. In this paper the concept of sovereignty is discussed as well as the extent to which states have been willing to and will be ready to transfer some of their sovereignty to an overarching institution in a bid to form a solid and effective supranational governmental body" -- p. 16

Human Rights and the Environment under African Union Law

Author : Michael Addaney,Ademola Oluborode Jegede
Publisher : Springer Nature
Page : 477 pages
File Size : 47,6 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.

The Regional Law of Refugee Protection in Africa

Author : Marina Sharpe
Publisher : Oxford University Press
Page : 250 pages
File Size : 53,9 Mb
Release : 2018-07-19
Category : Law
ISBN : 9780192560681

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The Regional Law of Refugee Protection in Africa by Marina Sharpe Pdf

This book analyses the legal framework for refugee protection in Africa, including both refugee and human rights law as well as treaty and institutional elements. The regime is addressed in two parts. Part One analyses the relevant treaties: the 1951 Convention relating to the Status of Refugees, the 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa and the 1981 African Charter on Human and Peoples Rights. The latter two regional instruments are examined in depth. This includes the first fulsome account of the African Refugee Conventions drafting, an interpretation of its unique refugee definition and original analysis of the relationships between the three treaties. Significant attention is devoted to the systemic relationship between the international and the regional refugee treaties and to the discrete relationships of conflict and complementary relationships between the two refugee instruments, as well as to the relationships between the African Refugee Convention and African Charter. Part Two focuses on the institutional architecture supporting the treaty framework. The Organization of African Unity is addressed in a historical sense, and the contemporary roles of the African Union, the African Commission on Human and Peoples Rights and the current and contemplated African human rights courts are examined. This book is the first devoted to the legal framework for refugee protection in Africa.