International Law in Post-Colonial Africa

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Publisher : BRILL
ISBN 13 : 9004638296
Total Pages : 368 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis International Law in Post-Colonial Africa by : Tiyanjana Maluwa

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.

Minorities and the Making of Postcolonial States in International Law

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Publisher : Cambridge University Press
ISBN 13 : 1108483674
Total Pages : 379 pages
Book Rating : 4.1/5 (84 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: A critical analysis of how international law operates in the ideology of the postcolonial state to marginalise minority groups.

International Law and Colonialism in Africa

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Publisher :
ISBN 13 : 9789781240348
Total Pages : 173 pages
Book Rating : 4.2/5 (43 download)

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Book Synopsis International Law and Colonialism in Africa by : U. O. Umozurike

Download or read book International Law and Colonialism in Africa written by U. O. Umozurike and published by . This book was released on 1979 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Law and Self-Determination

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Publisher : BRILL
ISBN 13 : 9004480897
Total Pages : 310 pages
Book Rating : 4.0/5 (44 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 BRILL. This book was released on 2021-07-26 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of self-determination has at heart the achievement of true representation and democracy based on the idea that the consent of the governed alone can give government legitimacy. The principle was primarily responsible for the decolonisation process that shaped our current international community. `Self-determination' has been used in equal rhetorical brilliance by a number of leaders - some meritorious, with a genuine concern for human emancipation, others dubious, with ascendancy to power at the heart of their project. In any case, `self-determination' has come to mean different things in different contexts. Being a vital principle, especially in the post-colonial state, it is one factor that represents a threat to world order while at the same time holding out the promise of longer-term peace and security based on values of democracy, equity and justice. This book looks at the intricacies of the norm in its current ambiguous manifestation and seeks to deconstruct it with regard to three particularly inter-related discourses: that of minority rights, statehood and sovereignty, and the doctrine of uti possidetis which shaped the modern post-colonial state. These norms are then analysed further within two case studies. One, concerning the creation of Bangladesh where `self-determination' was achieved. The second, examines the situation in the Western Sahara where `self-determination' (whatever its manifestation) is yet to be expressed. In the course of these case studies we seek to highlight the problematic nature of `national identity' and the `self' in settings far removed from post-Westphalian Europe.

Africa and the Development of International Law

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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.

International Law, Colonialism and the Concept of Indigenous Peoples in Africa

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (16 download)

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Book Synopsis International Law, Colonialism and the Concept of Indigenous Peoples in Africa by : Kealeboga N. Bojosi

Download or read book International Law, Colonialism and the Concept of Indigenous Peoples in Africa written by Kealeboga N. Bojosi and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis draws on the conventional narrative that the concept of indigenous peoples developed within the context of the colonial encounter and that the norms that developed within that context aimed at regulating the relations between colonial settlers and the indigenous peoples. However, the thesis argues that international law, guided by colonial imperatives, developed parallel principles and norms to regulate relations between colonial settlers and the natives in different contexts. In territories marked unsuitable for permanent and extensive European settlement, trusteeship and eventual decolonisation were prescribed. Whilst the international law rhetoric of trusteeship putatively applied to all indigenous peoples, in reality the indigenous peoples in territories marked suitable for permanent European settlement were decidedly excluded from the practical implementation of this doctrine, from the West Africa Berlin Conference through to the Trusteeship Council of the UN. This would receive international juridical imprimatur through the so-called saltwater thesis. This exclusion became the conceptual pivot of the emergent international indigenous peoples' movement aimed at rectifying the obvious anomaly of the selective decolonisation process. The thesis further argues that the contemporary norms of international law on indigenous peoples developed within this context to regulate specific socio-economic, political and historical contexts. Furthermore, it contends that the perceived indigenous peoples' problematique in Africa is partly a broader post-colonial manifestation of the manner in which international law sought to manage the colonial encounter in Africa through the creation of pseudo-European political, economic and social institutions and policies that presently exist. The thesis deconstructs the conceptual basis for the application of the concept of indigenous peoples in post-colonial Africa and argues that a less controversial approach is to focus on the norms within the African Charter on Human Peoples' Rights and general international law that do not depend on the flawed conceptual assumptions of indigenous peoples.

Pan-Africanism and International Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004285059
Total Pages : 288 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Pan-Africanism and International Law by : Abdulqawi A. Yusuf

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.

Blood, Power, and Bedlam

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Publisher : Peter Lang
ISBN 13 : 9780820488417
Total Pages : 252 pages
Book Rating : 4.4/5 (884 download)

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Book Synopsis Blood, Power, and Bedlam by : Christopher W. Mullins

Download or read book Blood, Power, and Bedlam written by Christopher W. Mullins and published by Peter Lang. This book was released on 2008 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Blood, Power, and Bedlam examines the etiology of violations of international criminal law in four post-colonial African states. With a particular focus on genocide and crimes against humanity, an integrated theory is produced and historical, political, economic, and structural aspects are explored. The book's main intent is an analysis of the worst crimes humans commit and how, in the cases examined, they arise out of a post-colonial environment. Attention is given to existing or potential applications of international social control.

Re-Defining Legitimate Statehood

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Publisher : BRILL
ISBN 13 : 9004482482
Total Pages : 247 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Re-Defining Legitimate Statehood by : Obiora Chinedu Okafor

Download or read book Re-Defining Legitimate Statehood written by Obiora Chinedu Okafor and published by BRILL. This book was released on 2021-10-18 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this volume is dual. The first is to provide information about the question of the role that doctrines and practices of international law have played in the emergence and persistence of the phenomenon of socio-cultural fragmentation, and therefore of inter-group conflict, within African states. The second is to provide original thought about the ways in which, prompted by the emergent turn in our time to minority and group rights, international law and multilateral African states have begun the long journey toward modifying those doctrines and practices that have led to such unfortunate results, and have thereby begun to make very valuable contributions to the effort to prevent and/or reduce the incidence of inter-group strife in specific African contexts. The book is not, however, limited in scope by its utilisation of Africa as a case study. The book's core is based on analysis of traditional and contemporary international legal doctrines and practices, their effects in specific contexts, as well as on the role of multilateral institutions in the prevention of internecine conflict within established states. It is hoped that, with the use of African states as case studies, the book will be a contribution to the advancement of scholarly knowledge regarding the general question of the relationship among the doctrines of international law, the activities of multilateral institutions, and the management of the problems of fragmentation and internecine strife within established states the world over. This volume is relevant to international lawyers, specialists in international politics, diplomats, theorists, minority and group rights scholars, historians, and human rights activists in general. It is particularly relevant to the African studies specialist, the statesman and the diplomat.

International Law and the New States of Africa

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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:

International Law and the New African States

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Publisher :
ISBN 13 :
Total Pages : 252 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis International Law and the New African States by : Felix Chuks Okoye

Download or read book International Law and the New African States written by Felix Chuks Okoye and published by . This book was released on 1972 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Monograph on the contribution of newly independent African developing countries to the development of international law - discusses (1) the attainment of independence and problems of state succession to treatys and membership of international organizations, (2) the origins and development of the OAU, and (3) the impact of African states on legal aspects of foreign investment, international cooperation, peaceful settlement of disputes, etc. Bibliography pp. 217 to 221 and references.

Domination Through Law

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Publisher : Rowman & Littlefield
ISBN 13 : 1538146320
Total Pages : 227 pages
Book Rating : 4.5/5 (381 download)

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Book Synopsis Domination Through Law by : Mohamed Sesay

Download or read book Domination Through Law written by Mohamed Sesay and published by Rowman & Littlefield. This book was released on 2021-01-29 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2021 Lee Ann Fujii Book Award, International Studies Association The positive effects of rule of law norms and institutions are often assumed in the fields of global governance and international development, with empirical work focusing more on the challenges of using law to engineer social change abroad. Questioning this assumption, the book contends that purportedly “good” rule of law standards do not always deliver benign benefits but rather often have negative consequences that harm the very local constituents which rule of law promoters promise to help. In particular, the book argues that rule of law promotion in post-colonial societies reinforces socioeconomic and political inequality which disproportionately favors dominant actors who have the wealth, education, and influence to navigate the state legal system. In addition to an historical account of legal development in settler-colonial environments, this argument is also drawn from a comparative study which focuses on the UK-supported justice sector development programs in Sierra Leone and the US-funded rule of law projects in Liberia.

Imperialism, Sovereignty and the Making of International Law

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Publisher : Cambridge University Press
ISBN 13 : 1139442368
Total Pages : 381 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Imperialism, Sovereignty and the Making of International Law by : Antony Anghie

Download or read book Imperialism, Sovereignty and the Making of International Law written by Antony Anghie and published by Cambridge University Press. This book was released on 2005-02-03 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the colonial confrontation was central to the formation of international law and, in particular, its founding concept, sovereignty. Traditional histories of the discipline present colonialism and non-European peoples as peripheral concerns. By contrast, Anghie argues that international law has always been animated by the 'civilizing mission' - the project of governing non-European peoples, and that the economic exploitation and cultural subordination that resulted were constitutively significant for the discipline. In developing these arguments, the book examines different phases of the colonial encounter, ranging from the sixteenth century to the League of Nations period and the current 'war on terror'. Anghie provides a new approach to the history of international law, illuminating the enduring imperial character of the discipline and its continuing importance for peoples of the Third World. This book will be of interest to students of international law and relations, history, post-colonial studies and development studies.

International Law and Domestic Human Rights Litigation in Africa

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Publisher : PULP
ISBN 13 : 0986985724
Total Pages : 261 pages
Book Rating : 4.9/5 (869 download)

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Book Synopsis International Law and Domestic Human Rights Litigation in Africa by : Magnus Killander

Download or read book International Law and Domestic Human Rights Litigation in Africa written by Magnus Killander and published by PULP. This book was released on 2010 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: "African civil law countries are traditionally described as monist and common law countries as dualist. This book illustrates that the monism-dualism dichotomy is too simplistic, in particular in the field of human rights. Academics and practitioners from across the continent illustrate how domestic courts in Africa have engaged with international human rights law to interpret or fill gaps in national bills of rights. The authors also consider the challenges encountered in increasing the use of international human rights law by African domestic courts."--Back cover.

The Law of Nations in Global History

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Publisher : Oxford University Press
ISBN 13 : 0191078654
Total Pages : 760 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Law of Nations in Global History by : C. H. Alexandrowicz

Download or read book The Law of Nations in Global History written by C. H. Alexandrowicz and published by Oxford University Press. This book was released on 2017-03-31 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history and theory of international law have been transformed in recent years by post-colonial and post-imperial critiques of the universalistic claims of Western international law. The origins of those critiques lie in the often overlooked work of the remarkable Polish-British lawyer-historian C. H. Alexandrowicz (1902-75). This volume collects Alexandrowicz's shorter historical writings, on subjects from the law of nations in pre-colonial India to the New International Economic Order of the 1970s, and presents them as a challenging portrait of early modern and modern world history seen through the lens of the law of nations. The book includes the first complete bibliography of Alexandrowicz's writings and the first biographical and critical introduction to his life and works. It reveals the formative influence of his Polish roots and early work on canon law for his later scholarship undertaken in Madras (1951-61) and Sydney (1961-67) and the development of his thought regarding sovereignty, statehood, self-determination, and legal personality, among many other topics still of urgent interest to international lawyers, political theorists, and global historians.

International Law and Boundary Disputes in Africa

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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.

Britain and International Law in West Africa

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Publisher : Oxford University Press, USA
ISBN 13 : 019886986X
Total Pages : 321 pages
Book Rating : 4.1/5 (988 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, USA. This book was released on 2020-10-22 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in-depth contextual analysis of the role of international law in the growth of British presence in West Africa during the early- and mid-nineteenth century. It highlights this period as an important experimentation phase which saw the genesis of the treaties that have now become associated with the Scramble for Africa.