Africa and the Development of International Law
Author | : Richard Akinjide |
Publisher | : BRILL |
Total Pages | : 315 |
Release | : 2023-12-11 |
Genre | : Law |
ISBN | : 9004642188 |
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Author | : Richard Akinjide |
Publisher | : BRILL |
Total Pages | : 315 |
Release | : 2023-12-11 |
Genre | : Law |
ISBN | : 9004642188 |
Author | : Yilma Makonnen |
Publisher | : |
Total Pages | : 608 |
Release | : 1983 |
Genre | : International law |
ISBN | : |
Author | : Mieke van der Linden |
Publisher | : BRILL |
Total Pages | : 364 |
Release | : 2016-10-05 |
Genre | : Law |
ISBN | : 9004321195 |
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 | : Dirdeiry M. Ahmed |
Publisher | : Cambridge University Press |
Total Pages | : 321 |
Release | : 2015-12-11 |
Genre | : History |
ISBN | : 1107117984 |
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 | : Abdulqawi A. Yusuf |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 288 |
Release | : 2015-01-08 |
Genre | : Law |
ISBN | : 9004285059 |
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 | : Gérard Kreijen |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 405 |
Release | : 2004 |
Genre | : Law |
ISBN | : 9004139656 |
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 | : Berihun Adugna Gebeye |
Publisher | : Oxford University Press |
Total Pages | : 272 |
Release | : 2021-07-08 |
Genre | : Law |
ISBN | : 0192646141 |
A Theory of African Constitutionalism asks and seeks to answer why we need a new theoretical framework for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms. By locating constitutional studies in Africa within the experiences, interactions, and contestations of power and governance beginning in precolonial times, the book presents the development and transformation of African constitutional systems across time and place, along with the attendant constitutional designs and practices ranging from the nature and operation of the African state to its vertical and horizontal government structures, to its constitutional rights regime. This title offers both a theoretically and comparatively rich, historically and contextually informed, and temporally and spatially extensive account of the nature, travails, and incremental successes of African constitutionalism with detailed case studies from Nigeria, Ethiopia, and South Africa. A Theory of African Constitutionalism provides scholars, policymakers, governments, and constitution builders in Africa and beyond with new insights for reimagining the purpose, substance, and scope of constitutions and constitutionalism.
Author | : Jennifer Moore |
Publisher | : |
Total Pages | : 373 |
Release | : 2012-04-19 |
Genre | : Law |
ISBN | : 0199856966 |
In this book, Jennifer Moore studies the role and application of humanitarian law by considering the experiences of African countries that are emerging from civil wars. Moore first offers an overview of international law, including its essential vocabulary, and then describes four particular subfields of international law: international humanitarian law, international human rights law, international criminal law, and international refugee law. After offering readers this important backdrop, Moore turns to practical mechanisms necessary to implement international humanitarian law, focusing specifically on the experiences of Uganda, Sierra Leone, and Burundi. This study of humanitarian law, despite its focus on Africa's experience, is important to conflict resolution and reconstruction throughout the world.
Author | : Ian Taylor |
Publisher | : Oxford University Press |
Total Pages | : 174 |
Release | : 2018-09-20 |
Genre | : Political Science |
ISBN | : 0192529242 |
Africa is a continent of 54 countries and over a billion people. However, despite the rich diversity of the African experience, it is striking that continuations and themes seem to be reflected across the continent, particularly south of the Sahara. Questions of underdevelopment, outside exploitation, and misrule are characteristic of many - if not most-states in Sub-Saharan Africa. In this Very Short Introduction Ian Taylor explores how politics is practiced on the African continent, considering the nature of the state in Sub-Saharan Africa and why its state structures are generally weaker than elsewhere in the world. Exploring the historical and contemporary factors which account for Africa's underdevelopment, he also analyses why some African countries suffer from high levels of political violence while others are spared. Unveilling the ways in which African state and society actually function beyond the formal institutional façade, Taylor discusses how external factors - both inherited and contemporary - act upon the continent. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Author | : Chukwuma Okoli |
Publisher | : Bloomsbury Publishing |
Total Pages | : 560 |
Release | : 2020-06-11 |
Genre | : Law |
ISBN | : 1509911146 |
This book examines the rules, principles, and doctrines in Nigerian law for resolving cases involving cross-border issues. It is the first book-length treatise devoted to the full spectrum of private international law issues in Nigeria. As a result of increased international business transactions, trade, and investment with Nigeria, such cross-border issues are more prevalent than ever. The book provides an overview of the relevant body of Nigerian law, with comparative perspectives from other legal systems. Drawing on over five hundred Nigerian cases, relevant statutes, and academic commentaries, this book examines jurisdiction in interstate and international disputes, choice of law, the enforcement of foreign judgments and international arbitral awards, domestic remedies affecting foreign proceedings, and international judicial assistance in the service of legal processes and taking of evidence. Academics, researchers, and students, as well as judges, arbitrators, practitioners, and legislators alike will find Private International Law in Nigeria an instructive and practical guide.