Diverse Perspectives on the Impact of Colonialism in International Law: The Case of the Chagos Archipelago

2019 ◽  
Vol 113 ◽  
pp. 68-71
Author(s):  
Namira Negm
Keyword(s):  
International Law ◽  
African Union ◽  
African Unity ◽  
Member States ◽  
Founding Fathers ◽  
The Impact ◽  
Chagos Archipelago

FREEDOM … AFRICA FREE OF DECOLONIZATION … that was the dream of our founding fathers from Nyerere, Nasser, Nkrumah, Haile Selassie, to Lumumba, and many others. The call for freedom laid the basis for the African unity, so it came as no surprise that we, at the African Union, had the support of an entire continent, with its fifty-five member states, to defend the Mauritian Cause to free Chagos.

The impact of the COVID-19 pandemic on the arts, culture, and heritage sectors in the African Union member states

2020 ◽  
Vol 27 (4) ◽  
pp. 477-480
Author(s):  
Angela Martins ◽  
Vicensia Shule
Keyword(s):  
Union Member ◽  
African Union ◽  
Member States ◽  
The Arts ◽  
The World ◽  
The Impact

Africa as a continent has been hit by the coronavirus – the COVID-19 pandemic – as have many parts of the world. Many African Union (AU) member states were badly hit by the virus, while others were only mildly impacted. The arts, culture, and heritage sectors have been severely hit by the pandemic. Fortunately, in many countries in Africa, arts, culture, and heritage were placed at the heart of strategic priorities at the national, regional, and continental levels of combating COVID-19.

The Organisation of African Unity and the Promotion of Human Rights

1991 ◽  
Vol 29 (4) ◽  
pp. 535-555 ◽  
Author(s):  
Claude E. Welch
Keyword(s):  
Human Rights ◽  
International Law ◽  
Basic Principle ◽  
African Unity ◽  
Member States ◽  
African Commission

The establishment and functioning of the African Commission on Human and Peoples' Rights challenges a basic principle of positivist international law on which the Organisation of African Unity (O.A.U.) has long based its policies: the sovereign domestic control of member-states.

Protocol on the Establishment of the African Monetary Fund & Statute of the African Monetary Fund

2015 ◽  
Vol 54 (3) ◽  
pp. 507-531
Author(s):  
Uche Ewelukwa Ofodile
Keyword(s):  
Central Bank ◽  
Monetary Union ◽  
Equatorial Guinea ◽  
Economic And Monetary Union ◽  
African Union ◽  
African Unity ◽  
Economic Community ◽  
Investment Bank ◽  
Member States ◽  
Organization Of African Unity

On June 27, 2014, at the 23rd Ordinary Session of the Summit of the African Union held in Malobo, Equatorial Guinea, member states of the Africa Union adopted the Protocol on the Establishment of the African Monetary Fund (Fund). Plan for the Fund is not new but dates back to the 1963 Charter of the Organization of African Unity (the predecessor to the Africa Union) as well as to the 1991 Abuja Treaty—the agreement that established the African Economic Community and put in place a framework for continental integration. The Constitutive Act of the African Union (Constitutive Act) adopted in 2000 also envisaged the establishment of the Fund. Annexed to the Protocol is the Statute of the African Monetary Fund (Statute). As envisioned in the Abuja Treaty, the Fund, together with continental institutions such as the Africa Investment Bank and the African Central Bank that are still in the pipeline, are critical to efforts to create a continental economic and monetary union in Africa.

scholarly journals The legal nature of soft law acts of the Council of Europe

2021 ◽  
pp. 397-402
Author(s):  
H.Yu. Yamelska
Keyword(s):  
International Law ◽  
Research Area ◽  
Soft Law ◽  
Legal Systems ◽  
Council Of Europe ◽  
Member States ◽  
Legal Ideology ◽  
Venice Commission ◽  
Definition Of ◽  
The Impact

The article examines the effectiveness of soft law as a regulator of legal relations between the member states of the Council of Europe. Existing approaches to the definition of soft law are analyzed.Author proposes to separate from the traditional conception of international law as a system of universally binding norms developed by states, taking into account postmodern trends in the transformation of national legal systems. Soft law is recognized as a real form of modern international law that has legal consequences. The article appoints the sources that make up the soft law within the legal system of the Council of Europe.The influence of soft law acts of the Council of Europe bodies on the legislation of Ukraine is investigated. Pros-pects for the development of soft law in the research area are determined.The role of “soft law” acts is presented on the example of the acts of the Venice Commission (European Com-mission for Strengthening Democracy through Law) and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, which are specialized agencies of the Council of Europe.Examples of the impact of soft law acts of the Council of Europe on the national legal systems of the partici-pating countries are analyzed. Their axiological influence on the democratization of national legal systems and the formation of human-centered legal ideology in Europe has been determined. The article determines the orientation of the parliaments and governments of the member states of the Council of Europe on the acts of soft law of its bodies in the legislation. The place of soft law acts of the bodies of the Council of Europe in the system of sources of international and national law is considered through the prism of the sociological school of law.

scholarly journals Reassessing Aspects of the Contribution of African States to the Development of International Law Through African Regional Multilateral Treaties

2020 ◽  
pp. 327
Author(s):  
Tiyanjana Maluwa
Keyword(s):  
United Nations ◽  
International Law ◽  
African Union ◽  
African Unity ◽  
Regional Diversity ◽  
Legal Norms ◽  
Content Relevance ◽  
History Of ◽  
African Context

For decades, debates about Africa’s contribution to the development of international law have been dominated by two opposing schools of thought. First, that European colonial powers deliberately erased Africa and Africans from the history of the creation and use of international law. Second, that, on the contrary, over the last six decades (since the emergence of the newly independent African states in the late 1950s and early 1960s), Africa has contributed to the making of international law and has not been merely a passive recipient of a Eurocentric international law. This article underscores the role of the postcolonial periphery in the scheme of modern international law by highlighting specific examples of African states’ contributions to international legal norms through multilateral treatymaking. To that end, this article assesses a number of African Union and Organisation of African Unity treaties for their content, relevance, and impact. It concludes that postcolonial African states have been active participants in developing new rules of international law—and strengthening existing ones—through the adoption of path-breaking conventions that work to either (1) establish African commitment to new norms with potential global application or (2) supplement existing global (United Nations) instruments with commitments specific to the African context. It also shines a light on the desirability and pertinence of regional diversity in the continuing development and application of international law, and on the changing geographies of international lawmaking.

The African Union System of Refugee Protection

2014 ◽  
Vol 11 (2) ◽  
pp. 318-344
Author(s):  
Salvatore Fabio Nicolosi
Keyword(s):  
International Law ◽  
Specific Area ◽  
Legal Framework ◽  
Protection System ◽  
African Union ◽  
African Unity ◽  
International Regime ◽  
Complementary System ◽  
Refugee Protection ◽  
Refugee Problem

Africa has often been treated as a mere recipient of legal systems, particularly by the former colonial powers. However, an examination of the African practice of international law reveals that, in the specific area of refugee protection, Africa has been championing a legal framework capable of successfully addressing the African region’s ‘peculiar’ refugee problem. The rise and evolution of the refugee protection system in Africa, within the African Union (which in 2001 replaced the Organisation of African Unity), dates from a time when the process of decolonisation, and the increasing number of refugees and displaced persons in Africa, laid bare the inadequacy of the international regime of refugee protection for dealing with the problem. Accordingly, the African states established a complementary system of refugee protection that has, over the years, contributed to the development of new legal instruments, an analysis of which will answer the question of whether the innovative African system of refugee protection is likely to have an influence on the development of international law in this area.

scholarly journals Regional Mechanisms and Intra-State Conflicts: Implementing the African Union’s Principle of Non-Indifference?

2020 ◽  
Vol 4 (1) ◽  
pp. 141-153
Author(s):  
Migai Akech
Keyword(s):  
Institutional Framework ◽  
Security Architecture ◽  
African Union ◽  
African Unity ◽  
Member States ◽  
Ability To Act ◽  
Parallel Frameworks ◽  
Peace And Security

The member states of the Organisation of African Unity (OAU) established the African Union (AU) in 2001, following recognition that Africa needed a more effective institution that could maintain peace and security. In particular,the 1994 genocide in Rwanda demonstrated to the continent that it needed to enhance its ability to act before conflicts became unmanageable and destructive.The AU consequently established an institutional framework for the prevention, management, and resolution of conflicts. This institutional framework consistsof two parallel frameworks, namely the African Peace and Security Architecture (APSA).

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