Boundaries And Secession In Africa And International Law

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Boundaries and Secession in Africa and International Law

Author : Dirdeiry M. Ahmed
Publisher : Cambridge University Press
ISBN 13 : 1316453804
Total Pages : 321 pages
Book Rating : 4.3/5 (164 download)

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Book Synopsis Boundaries and Secession in Africa and International Law by : Dirdeiry M. Ahmed

Download or read book Boundaries and Secession in Africa and International Law written by Dirdeiry M. Ahmed and published by Cambridge University Press. This book was released on 2015-12-11 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges a central assumption of the international law of territory. The author argues that, contrary to the finding in the Frontier Dispute case, uti possidetis is not a general principle of law enjoining states to preserve pre-existing boundaries on state succession. It demonstrates that African state practice and opinio juris gave rise to customary rules that govern sovereign territory transfer in Africa. It explains that those rules changed international law as it relates to Africa in many respects, leading chiefly to creating norms of African jus cogens prohibiting secession and the redrawing of boundaries. The book examines in-depth the singularity of secession in Africa exploring extensive state practice and case law. Finally, it advances a daring argument for a right to egalitarian self-determination, addressing people-to-people domination in multi-ethnic African states, to serve as an exception to the fast special customary rule against secession.

Africa

Author : Jeremy I Levitt
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314171
Total Pages : 350 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Africa by : Jeremy I Levitt

Download or read book Africa written by Jeremy I Levitt and published by Bloomsbury Publishing. This book was released on 2008-03-31 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principal aim of this work is to provide a forum for leading international lawyers with experience and interest in Africa to address a broad range of intellectual challenges concerning the contribution of African states and peoples to international law. As such, the volume addresses orthodox topics of international law - such as jurisdiction and intervention - but tackles them from an African perspective, and seeks to ask whether, in each case, the African perspective is unique or affirms existing arrangements of international law. The book cannot come at a more important time. While international legal discourse has been captured by the challenge of terrorism since September 11, 2001, there are clear signs that other issues are returning to the fore. Political interest in Africa has undergone a global revival, and the OAU has been transformed into the African Union. Infrastructural challenges, along with those taking place in regional contexts, have effectively mapped a new politico-legal landscape for Africa. This, and more, is explored, and the key normative questions are addressed in a series of essays by leading Africanist scholars. 'This is a remarkable collection of essays that clearly and concisely demonstrates that Africa has and will continue to play a major role in fashioning new norms of international law and policy and contribute to its progressive development by affirming existing norms. Professor Levitt is to be commended for having the vision, leadership and intellectual prowess to produce this excellent text. The book signals a major shift from the study of Africa as a basket case to a normative market place.' Akua Kuenyehia, Vice President, International Criminal Court 'Professor Levitt's work, Africa: Mapping New Boundaries in International Law, is pathbreaking in the true sense of that word. Through old and new voices, it excavates the singular contributions of Africa to a discipline that is marked by Eurocentrism and imperial aspirations. The authors, taking their cue from the indefatigable and insightful Professor Levitt, establish beyond a shadow of a doubt the enormity of the normative contributions that Africa has made to international law. The book must therefore be seen as a defining contribution to the multiculturalization of international law. It is for this reason that Professor Levitt is among the most important American academics working and thinking in international law today.' Makau Mutua, Interim Dean, SUNY Distinguished Professor, State University of New York Buffalo Law School

International Law and Self-Determination

Author : Joshua Castellino
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041114099
Total Pages : 318 pages
Book Rating : 4.1/5 (14 download)

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Book Synopsis International Law and Self-Determination by : Joshua Castellino

Download or read book International Law and Self-Determination written by Joshua Castellino and published by Martinus Nijhoff Publishers. This book was released on 2000-09-14 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: TABLE OF UN DOCUMENTS.

International Law and Boundary Disputes in Africa

Author : Gbenga Oduntan
Publisher : Routledge
ISBN 13 : 1135039550
Total Pages : 428 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis International Law and Boundary Disputes in Africa by : Gbenga Oduntan

Download or read book International Law and Boundary Disputes in Africa written by Gbenga Oduntan and published by Routledge. This book was released on 2015-06-26 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Africa has experienced a number of territorial disputes over land and maritime boundaries, due in part to its colonial and post-colonial history. This book explores the legal, political, and historical nature of disputes over territory in the African continent, and critiques the content and application of contemporary International law to the resolution of African territorial and border disputes. Drawing on central concepts of public international law such as sovereignty and jurisdiction, and socio-political concepts such as colonialism, ethnicity, nationality and self-determination, this book interrogates the intimate connection that peoples and nations have to territory and the severe disputes these may lead to. Gbenga Oduntan identifies the major principles of law at play in relation to territorial, and boundary disputes, and argues that the predominant use of foreign based adjudicatory mechanisms in attempting to deal with African boundary disputes alienates those institutions and mechanisms from African people and can contribute to the recurrence of conflicts and disputes in and among African territories. He suggests that the understanding and application of multidisciplinary dispute resolution mechanisms and strategies can allow for a more holistic and effective treatment of boundary disputes. As an in depth study into the legal, socio-political and anthropological mechanisms involved in the understanding of territorial boundaries, and a unique synthesis of an African jurisprudence of international boundaries law, this book will be of great use and interest to students, researchers, and practitioners in African and Public International Law, International Relations, and decision-makers in need of better understanding the settlement of disputes over territorial boundaries in both Africa and the wider world.

Secession

Author : Marcelo G. Kohen
Publisher : Cambridge University Press
ISBN 13 : 9780521849289
Total Pages : 560 pages
Book Rating : 4.8/5 (492 download)

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Book Synopsis Secession by : Marcelo G. Kohen

Download or read book Secession written by Marcelo G. Kohen and published by Cambridge University Press. This book was released on 2006-03-21 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive study of secession from an international law perspective.

Africa and the Development of International Law

Author : Taslim Olawale Elias
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024737963
Total Pages : 332 pages
Book Rating : 4.7/5 (379 download)

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Book Synopsis Africa and the Development of International Law by : Taslim Olawale Elias

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.

Secession in International Law

Author : Milena Sterio
Publisher : Edward Elgar Publishing
ISBN 13 : 1785361228
Total Pages : 200 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Secession in International Law by : Milena Sterio

Download or read book Secession in International Law written by Milena Sterio and published by Edward Elgar Publishing. This book was released on 2018-08-31 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Secession in International Law argues that the effective development of criteria on secession is a necessity in today’s world, because secessionist struggles can be analyzed through the legal lens only if we have specific legal rules to apply. Without legal rules, secessionist struggles are dominated by politics and sui generis approaches, which validate secessionist attempts based on geo-politics and regional states’ self-interest, as opposed to the law. By using a truly comparative approach, Milena Sterio has developed a normative international law framework on secession, which focuses on several factors to assess the legitimacy of a separatist quest.

Self-Determination and Secession in Africa

Author : Redie Bereketeab
Publisher : Routledge
ISBN 13 : 1317649680
Total Pages : 326 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Self-Determination and Secession in Africa by : Redie Bereketeab

Download or read book Self-Determination and Secession in Africa written by Redie Bereketeab and published by Routledge. This book was released on 2014-08-07 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a unique comparative study of the major secessionist and self-determination movements in post-colonial Africa, examining theory, international law, charters of the United Nations, and the Organisation of African Unity (OAU)/African Union’s (AU) stance on the issue. The book explores whether self-determination and secessionism lead to peace, stability, development and democratisation in conflict-ridden societies, particularly looking at the outcomes in Eritrea and South Sudan. The book covers all the major attempts at self-determination and secession on the continent, extensively analysing the geo-political, economic, security and ideological factors that determine the outcome of the quest for self-determination and secession. It reveals the lack of inherent clarity in international law, social science theories, OAU/AU Charter, UN Charters and international conventions concerning the topic. This is a major contribution to the field and highly relevant for researchers and postgraduate students in African Studies, Development Studies, African Politics and History, and Anthropology.

International Law and the New States of Africa

Author : Yilma Makonnen
Publisher :
ISBN 13 :
Total Pages : 608 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis International Law and the New States of Africa by : Yilma Makonnen

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:

The Break-up of Yugoslavia and International Law

Author : Peter Radan
Publisher : Routledge
ISBN 13 : 1134525451
Total Pages : 562 pages
Book Rating : 4.1/5 (345 download)

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Book Synopsis The Break-up of Yugoslavia and International Law by : Peter Radan

Download or read book The Break-up of Yugoslavia and International Law written by Peter Radan and published by Routledge. This book was released on 2004-01-14 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: The demise of the former Yugoslavia was brought about by various secessionist movements seeking international recognition of statehood. This book provides a critical analysis from an international law perspective of the break-up of Yugoslavia. Although international recognition was granted to the former Yugoslav republics of Slovenia, Croatia, Bosnia-Hercegovina and Macedonia, the claims of secessionist movements that sought a revision of existing internal federal borders were rejected. The basis upon which the post-secession international borders were accepted in international law involved novel applications of international law principles of self-determination of peoples and uti possidetis. This book traces the developments of these principles, and the historical development of Yugoslavia's internal borders.

Secession and Separatist Conflicts in Postcolonial Africa

Author : Charles G. Thomas
Publisher : ISSN
ISBN 13 : 9781773851266
Total Pages : 416 pages
Book Rating : 4.8/5 (512 download)

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Book Synopsis Secession and Separatist Conflicts in Postcolonial Africa by : Charles G. Thomas

Download or read book Secession and Separatist Conflicts in Postcolonial Africa written by Charles G. Thomas and published by ISSN. This book was released on 2020-06-15 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wars fought for political separation have become omnipresent in post-colonial Africa. From the division of Sudan, to the continued fragmentation of Somalia, and the protracted struggles of Cabinda and Azawad, conflict over seccession and separation continues to the present day. This is the first single volume to examine the historical arc of secession and secessionist conflict across sub-Saharan Africa. Paying particular attention to the development of secessionist conflicts and their evolving goals, Secession and Separatist Conflicts in Postcolonial Africa draws on case studies and rigorous research to examine three waves of secessionist movements, themselves defined by international conflict and change. Using detailed case studies, the authors offer a framework to understand how secession and separation occur, how these are influenced by both preceding movements and global political trends, and how their ongoing legacies continue to shape African regional politics. Deeply engaging and thoroughly researched, this book presents a nuanced and important and important new overview of African separatist and secessionist conflicts. It addresses the structures, goals, and underlying influences of these movements within a broader global context to impart a rich understanding of why these conflicts are waged, and how they succeed or fail.

Peremptory Norms of General International Law (Jus Cogens)

Author : Dire Tladi
Publisher : BRILL
ISBN 13 : 9004464123
Total Pages : 806 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Peremptory Norms of General International Law (Jus Cogens) by : Dire Tladi

Download or read book Peremptory Norms of General International Law (Jus Cogens) written by Dire Tladi and published by BRILL. This book was released on 2021-08-16 with total page 806 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions is a collection of contributions on various aspects of jus cogens in international law.

The Theory of Self-Determination

Author : Fernando R. Tesón
Publisher : Cambridge University Press
ISBN 13 : 1107119138
Total Pages : 259 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Theory of Self-Determination by : Fernando R. Tesón

Download or read book The Theory of Self-Determination written by Fernando R. Tesón and published by Cambridge University Press. This book was released on 2016-04-06 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.

Explaining Foreign Policy in Post-Colonial Africa

Author : Stephen M. Magu
Publisher : Springer Nature
ISBN 13 : 3030629309
Total Pages : 359 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Explaining Foreign Policy in Post-Colonial Africa by : Stephen M. Magu

Download or read book Explaining Foreign Policy in Post-Colonial Africa written by Stephen M. Magu and published by Springer Nature. This book was released on 2021-01-02 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores foreign policy developments in post-colonial Africa. A continental foreign policy is a tenuous proposition, yet new African states emerged out of armed resistance and advocacy from regional allies such as the Bandung Conference and the League of Arab States. Ghana was the first Sub-Saharan African country to gain independence in 1957. Fourteen more countries gained independence in 1960 alone, and by May 1963, when the Organisation of African Unity (OAU) was formed, 30 countries were independent. An early OAU committee was the African Liberation Committee (ALC), tasked to work in the Frontline States (FLS) to support independence in Southern Africa. Pan-Africanists, in alliance with Brazzaville, Casablanca and Monrovia groups, approached continental unity differently, and regionalism continued to be a major feature. Africa’s challenges were often magnified by the capitalist-democratic versus communist-socialist bloc rivalry, but through Africa’s use and leveraging of IGOs – the UN, UNDP, UNECA, GATT, NIEO and others – to advance development, the formation of the African Economic Community, OAU’s evolution into the AU and other alliances belied collective actions, even as Africa implemented decisions that required cooperation: uti possidetis (maintaining colonial borders), containing secession, intra- and inter-state conflicts, rebellions and building RECs and a united Africa as envisioned by Pan Africanists worked better collectively.

Britain and International Law in West Africa

Author : Inge Van Hulle
Publisher : Oxford University Press
ISBN 13 : 019264257X
Total Pages : 320 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Britain and International Law in West Africa by : Inge Van Hulle

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.

Minorities and the Making of Postcolonial States in International Law

Author : Mohammad Shahabuddin
Publisher : Cambridge University Press
ISBN 13 : 1108665233
Total Pages : 379 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Minorities and the Making of Postcolonial States in International Law by : Mohammad Shahabuddin

Download or read book Minorities and the Making of Postcolonial States in International Law written by Mohammad Shahabuddin and published by Cambridge University Press. This book was released on 2021-06-10 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ideological function of the postcolonial 'national', 'liberal', and 'developmental' state inflicts various forms of marginalisation on minorities, but simultaneously justifies oppression in the name of national unity, equality and non-discrimination, and economic development. International law plays a central role in the ideological making of the postcolonial state in relation to postcolonial boundaries, the liberal-individualist architecture of rights, and the neoliberal economic vision of development. In this process, international law subjugates minority interests and in turn aggravates the problem of ethno-nationalism. Analysing the geneses of ethno-nationalism in postcolonial states, Mohammad Shahabuddin substantiates these arguments with in-depth case studies on the Rohingya and the hill people of the Chittagong Hill Tracts, against the historical backdrop of the minority question in Indian nationalist and constitutional discourse. Shahabuddin also proposes alternative international law frameworks for minorities.

Secession and Self-Determination

Author : Laurance S Rockefeller Professor of Politics and the University Center for Human Values Stephen Macedo
Publisher : NYU Press
ISBN 13 : 0814756891
Total Pages : 336 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Secession and Self-Determination by : Laurance S Rockefeller Professor of Politics and the University Center for Human Values Stephen Macedo

Download or read book Secession and Self-Determination written by Laurance S Rockefeller Professor of Politics and the University Center for Human Values Stephen Macedo and published by NYU Press. This book was released on 2003-12 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The many questions that surround movements for secession and self-determination are both practically urgent and theoretically perplexing. The United States settled its secession crisis in the 1860s. But the trauma and unfinished business of those events are still with us. Around the world secession and self-determination are the key issues that cause strife and instability. This volume provides an unusually comprehensive consideration of the many challenges of law and political philosophy that accompany them, and offers theoretical insights that provide guidance for policy. Among the questions considered are: should the international community recognize a right to secede and, if so, what conditions must be satisfied before the right can be asserted? Should secession and its conditions be recognized within domestic constitutions? Secession is the most extreme form of political separation and there are modes of self-determination short of it, including indigenous peoples' self-government and minority language rights. To what degree can these intrastate autonomy arrangements help ameliorate the injustices faced by indigenous groups?