Africa and the Development of International Law

Africa and the Development of International Law
Title Africa and the Development of International Law PDF eBook
Author Taslim Olawale Elias
Publisher Martinus Nijhoff Publishers
Pages 332
Release 1988-11-14
Genre Law
ISBN 9789024737963

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

Pan-Africanism and International Law

Pan-Africanism and International Law
Title Pan-Africanism and International Law PDF eBook
Author Abdulqawi A. Yusuf
Publisher Martinus Nijhoff Publishers
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.

The Acquisition of Africa (1870-1914)

The Acquisition of Africa (1870-1914)
Title The Acquisition of Africa (1870-1914) PDF eBook
Author Mieke van der Linden
Publisher BRILL
Pages 364
Release 2016-10-05
Genre Law
ISBN 9004321195

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Over recent decades, the responsibility for the past actions of the European colonial powers in relation to their former colonies has been subject to a lively debate. In this book, the question of the responsibility under international law of former colonial States is addressed. Such a legal responsibility would presuppose the violation of the international law that was applicable at the time of colonization. In the ‘Scramble for Africa’ during the Age of New Imperialism (1870-1914), European States and non-State actors mainly used cession and protectorate treaties to acquire territorial sovereignty (imperium) and property rights over land (dominium). The question is raised whether Europeans did or did not on a systematic scale breach these treaties in the context of the acquisition of territory and the expansion of empire, mainly through extending sovereignty rights and, subsequently, intervening in the internal affairs of African political entities.

The Development of International Law After the World War

The Development of International Law After the World War
Title The Development of International Law After the World War PDF eBook
Author Otfried Nippold
Publisher The Lawbook Exchange, Ltd.
Pages 258
Release 2003
Genre International law
ISBN 1584772700

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Britain and International Law in West Africa

Britain and International Law in West Africa
Title Britain and International Law in West Africa PDF eBook
Author Inge Van Hulle
Publisher Oxford University Press
Pages 320
Release 2020-10-22
Genre Law
ISBN 0192642588

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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.

International Investment Law and Policy in Africa

International Investment Law and Policy in Africa
Title International Investment Law and Policy in Africa PDF eBook
Author Fola Adeleke
Publisher Routledge
Pages 211
Release 2017-09-08
Genre Business & Economics
ISBN 1351998811

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This book studies the international investment law regime in Africa and provides a comprehensive analysis of the current treaty practices in Africa from global, regional and domestic perspectives. It develops a public interest regulation theory to highlight the role of investment regulation in sustainable development and the protection of human rights. In doing so, the book identifies seven factors that should be considered by arbitrators in resolving international investment disputes that affect the public interest. It considers how corporations can be held accountable through investment treaties in the absence of a global treaty on business and human rights while protecting the rights of investors and their investments. Furthermore, the book explores the current objectives and features of investor-state dispute settlement (ISDS) as well as the deficiencies and its intersection with the rule of law. It identifies alternatives for ISDS and the extent to which these alternatives address the objectives of attracting investment, depoliticise investment disputes, promote the rule of law and offer remedies to investors. These solutions are offered in relation to the protection of human rights, the promotion of sustainable development and the right of states to introduce domestic public interest regulation. Finally, the book takes a prospective stance and discusses future trends for dispute settlement and investment rulemaking in Africa.

Boundaries and Secession in Africa and International Law

Boundaries and Secession in Africa and International Law
Title Boundaries and Secession in Africa and International Law PDF eBook
Author Dirdeiry M. Ahmed
Publisher Cambridge University Press
Pages 321
Release 2015-12-11
Genre History
ISBN 1107117984

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This book challenges the central assumption of the law of territory by establishing that uti possidetis is not a general principle of law, and arguing that African customary rules were generated. It includes in-depth coverage of African secession, with issues of human rights law, self-determination and political science presented in a new light.