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Pan-Africanism and International Law

Pan-Africanism and International Law
Author: Abdulqawi A. Yusuf
Publisher: Martinus Nijhoff Publishers
Total Pages: 288
Release: 2015-01-08
Genre: Law
ISBN: 9004285059

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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.


Affective Justice

Affective Justice
Author: Kamari Maxine Clarke
Publisher: Duke University Press
Total Pages: 212
Release: 2019-11-15
Genre: History
ISBN: 1478007389

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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.


A Theory on Africanizing International Law

A Theory on Africanizing International Law
Author: Micha Wiebusch
Publisher: Pretoria University Law Press
Total Pages: 207
Release: 2024-07-01
Genre: Law
ISBN:

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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.


The African Union in International Law

The African Union in International Law
Author: Nsongurua J. Udombana
Publisher:
Total Pages: 0
Release: 2020
Genre: International agencies
ISBN: 9789785768237

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Exploring African approaches to international law: Essays in honour of Kéba Mbaye

Exploring African approaches to international law: Essays in honour of Kéba Mbaye
Author: Frans Viljoen
Publisher: Pretoria University Law Press
Total Pages: 358
Release: 2022-10-04
Genre: Law
ISBN:

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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.


Africa and the Development of International Law

Africa and the Development of International Law
Author: T. Elias
Publisher: Springer
Total Pages: 328
Release: 1988-11-14
Genre: Law
ISBN:

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In Africa. The new states and the United Nations. Modern.


Neo-Panafricanism Foreign Powers and Non-State Actors

Neo-Panafricanism Foreign Powers and Non-State Actors
Author: Francisco Kofi Nyaxo Olympio
Publisher: LIT Verlag Münster
Total Pages: 921
Release: 2013
Genre: Law
ISBN: 3643904223

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Apart from decolonization and the liquidation of apartheid, the Organization of African Unity (OAU) has had three goals - unity, security, and development. In none of these three areas did the OAU live up to its expectation. The transformation of the OAU was designed to inject institutional vim, mainstream its social forces, and keep abreast with challenges of the 21st century. This book explores Pan-Africanism from a perspective of a rapidly changing international system. Key obstacles remain to the leadership conundrum and endemic capacity gaps. (Series: African Politics / Politiques Africaines - Vol. 6)


International Law and Politics

International Law and Politics
Author: Akin Oyebode
Publisher:
Total Pages: 348
Release: 2003
Genre: Africa
ISBN: 9789783172746

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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.