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The Emergent African Union Law

The Emergent African Union Law
Author: Olufemi Amao
Publisher: Oxford University Press
Total Pages: 497
Release: 2021-10-07
Genre: Law
ISBN: 0192606778

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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 African Union: Legal and Institutional Framework

The African Union: Legal and Institutional Framework
Author: Abdulqawi A. Yusuf
Publisher: Martinus Nijhoff Publishers
Total Pages: 592
Release: 2012-01-20
Genre: Law
ISBN: 9004227725

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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.


Human Rights and the Environment under African Union Law

Human Rights and the Environment under African Union Law
Author: Michael Addaney
Publisher: Springer Nature
Total Pages: 477
Release: 2020-08-21
Genre: Law
ISBN: 3030465233

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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 Emergent African Union Law

The Emergent African Union Law
Author: Olufemi Amao
Publisher: Oxford University Press
Total Pages: 497
Release: 2021
Genre: Law
ISBN: 0198862156

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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.--


African Union Law

African Union Law
Author: Olufemi Amao
Publisher: Routledge
Total Pages: 220
Release: 2019
Genre: Law
ISBN: 9781315690551

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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.


Peacebuilding in the African Union

Peacebuilding in the African Union
Author: Abou Jeng
Publisher: Cambridge University Press
Total Pages: 351
Release: 2012-08-02
Genre: History
ISBN: 1107015219

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An extensive analysis of the norms and legal institutions of the African Union and their relevance to Africa's quest for peace.


The African Union (AU)

The African Union (AU)
Author: Konstantinos D. Magliveras
Publisher: Kluwer Law International B.V.
Total Pages: 314
Release: 2018-02-28
Genre: Law
ISBN: 9041195882

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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.


The African Regional Human Rights System

The African Regional Human Rights System
Author: Manisuli Ssenyonjo
Publisher: Martinus Nijhoff Publishers
Total Pages: 629
Release: 2011-12-23
Genre: Law
ISBN: 9004218149

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The African human rights system has undergone some remarkable developments since the adoption of the African Charter on Human and Peoples Rights, the cornerstone of the African human rights system, in June 1981. The year2011 marked the 30th anniversary of the adoption of the African Charter. It also marked 25 years since the African Charter entered into force on 21 October 1986.This book aims to provide reflections on most of the major human rights issues in the past 30 years of the African human rights system in practice and discussion on the future: the African Charter s impact and contribution to the respect, protection and promotion of human rights in Africa; the contemporary challenges faced by the African Human rights system in responding adequately to the demands of rapidly evolving African societies; and how the African human rights system can be strengthened in the future to ensure that the human rights protected in the African Charter, as developed in the jurisprudence of the African Commission since the Commission was inaugurated in 1987, are realised in practice.The chapters in this volume bring together the work of 20 human rights scholars and practitioners, with expertise in human rights in Africa, under the following general themes: rights and duties in the African Charter; rights of the vulnerable under the African system; implementation mechanisms for human rights in Africa; and towards an effective African regional human rights system.


Yearbook on the African Union Volume 1 (2020)

Yearbook on the African Union Volume 1 (2020)
Author:
Publisher: BRILL
Total Pages: 295
Release: 2021-10-25
Genre: Political Science
ISBN: 9004498915

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This is the first edition of the Yearbook on the African Union. It is first and foremost an academic project that will provide an in-depth evaluation and analysis of the institution, its processes, and its engagements. Despite the increased agency in recent years of the African Union in general, and the AU Commission in particular, little is known – outside expert policy or niche academic circles – about the Union’s activities. This is the gap the Yearbook on the African Union wants to systematically bridge. It seeks to be a reference point for in-depth research, evidence-based policy-making and decision-making. Contributors are: Adekeye Adebajo, Habibu Yaya Bappah, Bruce Byiers, Annie Barbara Hazviyemurwi Chikwanha, Dawit Yohannes Wondemagegnehu, Katharina P.W. Döring, Jens Herpolsheimer, Jacob Lisakafu, Frank Mattheis, Henning Melber, Alphonse Muleefu, John N. Nkengasong, Edefe Ojomo, Awino Okech, Jamie Pring, Elizabeth Sidiropoulos, Tim Zajontz.


Africa and the Responsibility to Protect

Africa and the Responsibility to Protect
Author: Dan Kuwali
Publisher: Routledge
Total Pages: 411
Release: 2013-11-26
Genre: Law
ISBN: 1317917758

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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