A Theory On Africanizing International Law

Author : Micha Wiebusch
Publisher : Pretoria University Law Press
ISBN 13 :
Total Pages : 207 pages
Book Rating : 4./5 ( download)

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Download or read book A Theory on Africanizing International Law written by Micha Wiebusch and published by Pretoria University Law Press. This book was released on 2024-07-01 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: About the publication Key reference work for diplomats and legal experts participating in international legal negotiations and transnational policy debates on governing the African continent. Highly recommended for developing courses, reading lists and other teaching materials on African International Law and African International Relations. Instrumental for developing innovative and impact-oriented research and policy strategies on the politics of making and implementing African International Law. What is African about African international law? The main aim of this book is to answer this question by developing a theory to explain how and why international law is Africanized. This includes explaining how Africanization relates both to the extent of continental norm setting by the Organization of African Unity and later the African Union, as the principal agent responsible for ‘African solutions to African problems’, and to the degree to which this African International Organization enforces these norms through varied continental accountability mechanisms. In this specific context, the book considers the different modalities through which the idea of Africa shapes, is shaped by and is embedded in international law making and implementation.

Author : Frans Viljoen
Publisher : Pretoria University Law Press
ISBN 13 :
Total Pages : 358 pages
Book Rating : 4./5 ( download)

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Download or read book Exploring African approaches to international law: Essays in honour of Kéba Mbaye written by Frans Viljoen and published by Pretoria University Law Press. This book was released on 2022-10-04 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Yilma Makonnen
Publisher :
ISBN 13 :
Total Pages : 608 pages
Book Rating : 4.89/5 ( download)

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Download or read book International Law and the New States of Africa written by Yilma Makonnen and published by . This book was released on 1983 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Taslim Olawale Elias
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024737963
Total Pages : 332 pages
Book Rating : 4.66/5 ( download)

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Download or read book Africa and the Development of International Law written by Taslim Olawale Elias and published by Martinus Nijhoff Publishers. This book was released on 1988-11-14 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Africa. The new states and the United Nations. Modern.

Author : Tiyanjana Maluwa
Publisher : BRILL
ISBN 13 : 9004638296
Total Pages : 368 pages
Book Rating : 4.97/5 ( download)

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Download or read book International Law in Post-Colonial Africa written by Tiyanjana Maluwa and published by BRILL. This book was released on 2023-12-28 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Inge Van Hulle
Publisher : Oxford University Press
ISBN 13 : 0192642588
Total Pages : 320 pages
Book Rating : 4.85/5 ( download)

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Download or read book Britain and International Law in West Africa written by Inge Van Hulle and published by Oxford University Press. This book was released on 2020-10-22 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Frans Viljoen
Publisher :
ISBN 13 : 9781776411696
Total Pages : 0 pages
Book Rating : 4.92/5 ( download)

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Download or read book Exploring African Approaches to International Law written by Frans Viljoen and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
ISBN 13 : 9004285059
Total Pages : 288 pages
Book Rating : 4.57/5 ( download)

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Download or read book Pan-Africanism and International Law written by Abdulqawi A. Yusuf and published by Martinus Nijhoff Publishers. This book was released on 2015-01-08 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Frans Viljoen
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.31/5 ( download)

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Download or read book Exploring African Approaches to International Law written by Frans Viljoen and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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."

Author : Akin Oyebode
Publisher :
ISBN 13 : 9789783172746
Total Pages : 348 pages
Book Rating : 4.43/5 ( download)

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Download or read book International Law and Politics written by Akin Oyebode and published by . This book was released on 2003 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of papers presents a panoramic view of some of the issues and developments in international law vis-a-vis politics on the continent over the past three decades. The work is divided into sections on general international law, treaties, human rights, international and economic law, law and foreign relations, and law and the use of force. The author is Professor of International Law at the University of Ado-Ekiti, and an expert on international law and jurisprudence in Nigeria.