Exploring African Approaches To International Law
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Exploring African Approaches To International Law Essays In Honour Of K Ba Mbaye
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Author : Frans Viljoen
language : en
Publisher: Pretoria University Law Press
Release Date : 2022-10-04
Exploring African Approaches To International Law Essays In Honour Of K Ba Mbaye written by Frans Viljoen and has been published by Pretoria University Law Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-04 with Law categories.
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.
Exploring African Approaches To International Law
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Author : Frans Viljoen
language : en
Publisher:
Release Date : 2022
Exploring African Approaches To International Law written by Frans Viljoen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
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."
Exploring African Approaches To International Law
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Author : Frans Viljoen
language : en
Publisher:
Release Date : 2022
Exploring African Approaches To International Law written by Frans Viljoen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with International law categories.
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.
International Investment Law And Policy In Africa
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Author : Fola Adeleke
language : en
Publisher: Routledge
Release Date : 2017-09-08
International Investment Law And Policy In Africa written by Fola Adeleke and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-08 with Business & Economics categories.
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.
International Human Rights Law In Africa
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Author : Frans Viljoen
language : en
Publisher: OUP Oxford
Release Date : 2012-03-29
International Human Rights Law In Africa written by Frans Viljoen and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-29 with Law categories.
This book provides a comprehensive and analytical overview of human rights law in Africa. It examines the institutions, norms, and processes for human rights realization provided for under the United Nations system, the African Union, and sub-regional economic communitites in Africa, and explores their relationship with the national legal systems of African states. Since the establishment of the African Union in 2001, there has been a proliferation of regional institutions that are relevant to human rights in Africa. These include the Pan African Parliament, the Peace and Security Council, the Economic, Social and Cultural Council and the African Peer Review Mechanism of the New Partnership for Africa's Development. This book discusses the links between these institutions. It further examines the case law stemming from Africa' most important human rights instrument, the African Charter on Human and Peoples Rights, which entered into force on 21 October 1986. This new edition contains a new chapter on the African Children's Rights Committee as well as full coverage of new developments and instruments, such as the Convention on the Rights of Persons with Disabilities, the Convention on Enforced Disappearances, and the African Charter on Democracy, Elections and Governance. Three cross-cutting themes are explored throughout the book: national implementation and enforcement of international human rights law; legal and other forms of integration; and the role of human rights in the eradication of poverty. The book also provides an introduction to the relevant human rights concepts.
Africa
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Author : Jeremy I Levitt
language : en
Publisher: Hart Publishing
Release Date : 2008-03-28
Africa written by Jeremy I Levitt and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-03-28 with Business & Economics categories.
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 Lawyers And The Diplomacy Of Modern States With Specific Reference To South Africa
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Author : Pieter Andreas Stemmet
language : en
Publisher:
Release Date : 2013
International Lawyers And The Diplomacy Of Modern States With Specific Reference To South Africa written by Pieter Andreas Stemmet and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
This study explores the role and influence that advisers on international law in foreign ministries have on the diplomacy of modern states. The departure point of the study is the new interdisciplinary scholarship on the relationship between international relations and international law that was triggered by the termination of the Cold War and the bipolar, realist world order. New perceptions of increased interdependence between states resulting from the need for transboundary cooperation to address contemporary international problems also resulted in a renewed focus on the applicability of other theories, besides that of realism, which dominated international relations theory after the Second World War. This interdisciplinary scholarship, conducted by both international relations scholars and international lawyers, has both institutionalist and liberal underpinnings. Within this discourse a renewed focus on the role of advisers to governments on international law has also become evident, but it is generally of a descriptive nature and not directly linked to diplomacy. This study aims to contribute to this discourse by analysing the direct impact that advisers on international law, in most cases employed by foreign ministries, have on diplomatic decisions and the conduct of diplomacy by modern states, with a specific focus on South Africa. In the course of the study a number of propositions are explored. This is done by analysing the available literature and by means of three case studies. Two case studies will assess the role that advisers on international law played during two crises involving the use of armed force. During the Suez crisis of 1956 the realities of the Cold War started to assert themselves in international relations, while the NATO attack on Kosovo of 1999 took place within the post-Cold War paradigm. The third case study will explore the role of the Office of the Chief State Law Adviser (International Law) at the South African Department of Foreign Affairs in the formulation and conduct of South African diplomacy. The propositions advanced by this study relate firstly to a general approach by states to conduct their diplomacy within the limits of international law (or at least to justify it in terms of international law). The second proposition holds that the influence of law advisers is greater with regard to problems with a high legal content, but less profound in cases of crisis decision-making, with regard to issues with a high policy content or where considerations of security are involved. The third proposition explores two approaches towards the role of the law adviser: the first considers him/ her as an objective analyst of legal rules, while the second provides that the law adviser can choose from various interpretations of international law to advance an opinion that will further the state's interests. Finally, the changes wrought on the international system, international law and diplomacy by the terrorist attacks against the United States of America on 11 September 2001 and their possible relation to the function of the law adviser, will be explored.
African Perspectives In International Investment Law
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Author : Yenkong Ngangjoh Hodu
language : en
Publisher: Manchester University Press
Release Date : 2020-12-15
African Perspectives In International Investment Law written by Yenkong Ngangjoh Hodu and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-15 with Law categories.
The tremendous growth in foreign direct investment (FDI) in Africa comes at a time when the field of international investment law and arbitration is witnessing a renewal. The investment has led to big business for law firms in the area of investment arbitration and the last decade has witnessed an increased number of investment treaties, proliferating investment disputes, the rise of mega- regional trade agreements and the negotiation of mega- regional infrastructure projects. Yet, while the argument in support of investment treaties as instruments to attract foreign direct investment is highly contested, many African countries are no doubt becoming more aware of the need to reshape the international investment architecture. This volume explores trends in FDI on the African continent, the benefits and challenges that FDI presents for African States, and Africa’s participation in the international investment law regime. Featuring contributions from leading African international lawyers, arbitrators, jurists, academics, and litigation experts, this landmark volume is the first of its kind of explore African perspectives in international investment law. Hodu and Mbengue bring together non-mainstream approaches to the debate on the nexus between foreign investment and development, addressing key conceptual issues that will define contemporary international investment law for decades to come. With insights and critical comments on the challenges of Africa’s foreign investment climate and international investment law, this timely collection is essential reading for academics, students, and practitioners alike.
An African Criminal Court
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Author : Dominique Mystris
language : en
Publisher: BRILL
Release Date : 2020-11-30
An African Criminal Court written by Dominique Mystris and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-30 with Law categories.
In An African Criminal Court Dominique Mystris offers insight into the potential contribution of a regional criminal court and its place within the international criminal justice discourse, the African Union and the African Peace and Security Architecture.
National Accountability For International Crimes In Africa
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Author : Emma Charlene Lubaale
language : en
Publisher: Springer Nature
Release Date : 2022-02-07
National Accountability For International Crimes In Africa written by Emma Charlene Lubaale and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-07 with Political Science categories.
This book critically examines the issues pertaining to the Rome Statute’s complementarity principle. The focus lies on the primacy of African states to prosecute alleged perpetrators of international crimes in their respective jurisdictions. The chapters explore states’ international and domestic obligations to hold perpetrators of international crimes to account before the national courts, and demonstrate the complexity of enforcing national accountability of alleged perpetrators of international crimes while also ensuring that post-conflict African states achieve national healing, reconciliation, and sustainable peace. The contributions reject impunity for international crimes whilst also considering these complexities. Emphasis further lies on the meaning of accountability in the context of the politics of selective international criminal justice for crimes committed before the establishment of the International Criminal Court.