Constitutive Act Of The African Union Au
DOWNLOAD
Download Constitutive Act Of The African Union Au PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Constitutive Act Of The African Union Au book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Africa And The Responsibility To Protect
DOWNLOAD
Author : Dan Kuwali
language : en
Publisher: Routledge
Release Date : 2013-11-26
Africa And The Responsibility To Protect written by Dan Kuwali and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-26 with Law categories.
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
Constitutive Act Of The African Union Au New Partnership For Africa S Development Nepad
DOWNLOAD
Author :
language : en
Publisher:
Release Date : 2001
Constitutive Act Of The African Union Au New Partnership For Africa S Development Nepad written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Международна политика categories.
The Responsibility To Protect
DOWNLOAD
Author : Dan Kuwali
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2011
The Responsibility To Protect written by Dan Kuwali and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Political Science categories.
"Explores the scope and limits of Article 4(h) of the African Union Constitutive Act"--Introd.
The Legality Of The African Union S Right To Intervention
DOWNLOAD
Author : Stephanie Anne Fogwell
language : en
Publisher:
Release Date : 2014
The Legality Of The African Union S Right To Intervention written by Stephanie Anne Fogwell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
The African Union (AU) was established by the African Union Constitutive Act in 2000 to address the shortcomings of its predecessor the Organisation for African Unity (OAU). One of the main considerations for the establishment of the AU was the OAU's strict adherence to the principle of non-intervention. The OAU was established on the principle of sovereignty and territorial integrity but the leaders of Africa realised that while the protection of sovereignty and territorial integrity was important ambitions for the African continent, it was just as important that African conflicts are resolved more effectively. While the AU Constitutive Act restates the commitment of the AU to the principles of sovereignty and territorial integrity, the AU Constitutive Act also provides for protection of human rights and, most significantly, for the limited intervention by the AU in grave circumstances. Article 4(h) of the AU Constitutive Act provides the right of the Union to intervene in a Member State pursuant to a decision of the Assembly in respect of grave circumstances, namely war crimes, genocide and crimes against humanity . The right to intervention contain in this article provide a great opportunity to improve the effectiveness of conflict management on the African continent. However, Articles 2(4) and 2(7) of the United Nations Charter pose a strong challenge to the legality of intervention under article 4(h) of the AU Constitutive Act. It is generally accepted that consent or invitation by the state concerned precluded any wrongfulness of the prima facie violation of international law and in particular a valid exception to the prohibition on the use of force. By signing the AU Constitutive Act the member states of the AU consented in advance to the possibility of intervention and consequently there is no conflict between the right to intervene and the prohibition of the use of force, as long as the AU remains within the bounds set out in the AU Constitutive Act and the succeeding mandate given by the Assembly. It might be argued that the prohibition on the use of force is a ius cogens norm that cannot be contracted out and that any agreement to this effect is void. However, the commentaries to Article 26 of the Articles on State Responsibility state that consent may be relevant when applying such a peremptory norm. Furthermore, only the prohibition on aggression is peremptory in nature. The definition of aggression states inter alia that aggression is the use of armed force on the territory of another in contravention of an agreement between the parties concerned. Thus, use of force undertaken in the territory of a state within the bounds of the agreement between the parties is not aggression and thus not a violation of a peremptory norm. The increased international focus on human rights and human security has influenced the way the notion of sovereignty and the principle of non-interference are understood. In 2001 the International Commission on Intervention and State Sovereignty's report The Responsibility to Protect introduced the twin norms of sovereignty as a responsibility and the Responsibility to Protect. The notion of sovereignty as a responsibility implies that every state has the responsibility to protect its people from gross human rights abuses, while the Responsibility to Protect (R2P) refers to the responsibility of the international community to act should as state be unwilling or unable to fulfil its responsibilities towards its citizens. By incorporation of the right to intervention in its Constitutive Act, the AU has embraced the concept of Responsibility to Protect. While the international endorsement of this concept and the constant paralysis of the SC, especially in respect of Africa, adds considerable legitimacy to possible intervention by the AU in terms of article 4(h).
The African Union Au
DOWNLOAD
Author : Konstantinos D. Magliveras
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2024-01-18
The African Union Au written by Konstantinos D. Magliveras and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-18 with Law categories.
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.
Constitutive Act Of The African Union Au
DOWNLOAD
Author :
language : en
Publisher:
Release Date : 2001
Constitutive Act Of The African Union Au written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with categories.
Protocol On Amendments To The Constitutive Act Of The African Union
DOWNLOAD
Author : African Union
language : en
Publisher:
Release Date : 2003
Protocol On Amendments To The Constitutive Act Of The African Union written by African Union and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Constitutional law categories.
The African Union Legal And Institutional Framework
DOWNLOAD
Author : Abdulqawi A. Yusuf
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-01-20
The African Union Legal And Institutional Framework written by Abdulqawi A. Yusuf and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-20 with Law categories.
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.
Contesting Sovereignty
DOWNLOAD
Author : Joel Ng
language : en
Publisher: Cambridge University Press
Release Date : 2021-07-22
Contesting Sovereignty written by Joel Ng and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-22 with Law categories.
Examines and compares diplomatic practices and normative change in the African Union and ASEAN.
The Emergent African Union Law
DOWNLOAD
Author : Olufemi Amao
language : en
Publisher: Oxford University Press
Release Date : 2021
The Emergent African Union Law written by Olufemi Amao and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
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.--