Between Anglophone and Francophone Cameroon

Author(s):  
E. H. Ngwa Nfobin ◽  
Nchotu Veraline Nchang Minang

Abstract In 2016, the reputation for stability of the Republic of Cameroon, a state made up of Francophones that constitute the majority (three quarters of the population of 25000000) and Anglophones that constitute a minority abruptly came an end when Anglophone secessionists took up arms to fight for the independence of the former Southern Cameroons. It was no surprise to keen observers of the Cameroon political scene in the last decades, If the government of the day is determined to give what it will take to keep the country united, the secessionists are equally convinced of the rectitude of their cause which they base on the principle of self-determination in international law, contesting the legality of the UN-organised plebiscite of!961 that led to the Reunification of the country. This paper assesses the legality of the claims of the protagonists for better information of all the stakeholders in the ongoing conflict..

2019 ◽  
Vol 27 (4) ◽  
pp. 629-653
Author(s):  
Valerie Muguoh Chiatoh

African states and institutions believe that the principle of territorial integrity is applicable to sub-state groups and limits their right to self-determination, contrary to international law. The Anglophone Problem in Cameroon has been an ever-present issue of social, political and economic debates in the country, albeit most times in undertones. This changed as the problem metamorphosed into an otherwise preventable devastating armed conflict with external self-determination having become very popular among the Anglophone People. This situation brings to light the drawbacks of irregular decolonisation, third world colonialism and especially the relationship between self-determination and territorial integrity in Africa.


Author(s):  
Sam Klug

Abstract This article charts how African American appeals to international law shifted away from a politics of petition to a politics of sovereignty with the growing influence of postcolonial states in international society and the UN’s recognition of a right to self-determination. Whereas earlier efforts by African-descended peoples in the Americas to gain a hearing before international bodies often required pushing the boundaries of international legal personality to include entities other than states, in the late 1960s and early 1970s a black nationalist group called the Republic of New Afrika (RNA) pursued international subjectivity in its traditional and fullest form: as a sovereign state. Examining the writings of RNA leaders, especially Imari Obadele, this article explores how the group’s claims for territory, reparations, and international subjectivity relied on international legal discourse about plebiscites, self-determination, and national development.


2010 ◽  
Vol 18 (2) ◽  
pp. 217-231 ◽  
Author(s):  
Raymond Arthur

AbstractIn the Republic of Ireland the government has proposed amending the Irish Constitution in order to improve children's rights. In this article I will argue that the proposed amendment represents a serious diminution in the rights historically afforded to young people who offend, disregards Ireland's commitments under international law and also ignores the well established link between child maltreatment and youth offending. The Irish approach echoes developments in the English youth justice system where the welfare concerns of young people who offend have become marginalised. I will compare the Irish and English approaches with the Scottish youth justice system which looks beyond young people's offending behaviour and provides a multi-disciplinary assessment of the young person's welfare needs. I will conclude that in Ireland, and in England, the best interest principle must be applied fully, without any distinction and integrated in all law relevant to children including laws regulating anti-social and offending behaviour.


1962 ◽  
Vol 56 (2) ◽  
pp. 404-416 ◽  
Author(s):  
René Lemarchand

Not the least paradoxical aspect of the United Nations mandate in the Congo, as described in the three-power resolution adopted by the Security Council on November 24, 1961, is that it was designed to prevent the exercise of a right which is explicitly recognized by the Charter. In effect, by “completely rejecting the claim of the Katanga as a sovereign independent Nation” and “recognizing the government of the Republic of the Congo as exclusively responsible for the conduct of the external affairs of the Congo,” the authors of the resolution clearly denied the provincial authorities of the Katanga the right to self-determination. Similarly, the support given by the United States government to the resolution, reaffirmed in several official statements, seems hardly compatible with our long-standing moral commitment to the Wilsonian principle that “the small states of the world have a right to enjoy the same respect for their sovereignty and territorial integrity that the great and powerful states expect and insist upon.” Actually, what may at first sight appear to be a sign of inconsistency is rather a reflection of the fundamental ambiguity in the concept of self-determination.


2013 ◽  
Vol 52 (4) ◽  
pp. 1020-1036 ◽  
Author(s):  
Roland Adjovi

On August 22, 2012, the Republic of Senegal and the African Union (AU) signed an agreement to create a tribunal within the Senegalese judicial system to prosecute the perpetrators of international law violations in Chad between 1982 and 1990. To be called the Extraordinary African Chambers (Chambers), the tribunal is the result of years of political and judicial bargaining around Hissein Habré, the former President of Chad. The Chambers were inaugurated in February 2013, following the agreement upon a Statute of the Chambers in January 2013. On July 2, 2013, Hissein Habré was charged with crimes against humanity, torture, and war crimes, and placed in pre-trial detention. To date, Habré is the only indictee, but the Prosecutor reportedly intends to seek the indictment of five officials of Habré’s administration suspected of having committed international crimes.


Author(s):  
Vladislav V. Gruzdev ◽  
Dmitriy A. Babichev ◽  
Natal'ya A. Babicheva

The article is devoted to the burning problem that arose in 2014 in the Ukraine, in the regions of Lugansk and Donetsk, and that concerns the right of the people of Donbass to self-determination. This problem is not only of a local territorial nature, but it is also one of the most complex debatable problems of international law. Since the right to self-determination contradicts the principle of territorial integrity of the state, the consideration and solution of this issue is the most burning for the whole population living on the territory of the self-proclaimed people's republics of Lugansk and Donetsk. In the article, the authors analyse the concept of "self-determination of the people" and give a generalised characteristic of it, approving that it is the right of every nation to solve the issues of state structure, political status, economic, social and cultural development independently and at its own discretion. The author also examines the historical past of the people of Donbass, where, in terms of the Republic of Donetsk and Krivoy Rog and various documentary historical and legal materials, we come to the conclusion that the population of Donbass has the right to social, economic, cultural, spiritual and other development just as all the recognised countries of the world.


Author(s):  
О.А. Дженчакова

В статье рассматриваются истоки возникновения вопроса Кабинды как затянувшегося территориального спора между официальными властями Республики Ангола и действующей на территории анклава Кабинда сепаратистски настроенной организацией — Фронта освобождения государства Кабинда, а также ее различными фракциями. Отмечается влияние геополитического фактора и нефтяных запасов на ситуацию в провинции, рассматриваются исторически обусловленные предпосылки и формально-правовые основания возникновения данного спора. Анализируются цели и методы борьбы, применяемые сепаратистами, отмечается их разобщенность, противоречивость действий в отношении правительства в Луанде. Отражены взгляды высшего руководства страны на данную проблему, приведены некоторые меры, принимаемые правительством для урегулирования вопроса. Прослеживается динамика развития ситуации в последние годы, а именно перегруппировка сил сепаратистов, создание ими новой организация — Движение за независимость Кабинды, активисты которой уже включились в политическую борьбу и призывают к самоопределению провинции. В статье делаются некоторые прогнозы относительно развития событий вокруг анклава. The article focuses on the sources of the Cabinda issue as a long-lasting territorial argument between the authorities of the Republic of Angola and the Front for the Liberation of the Cabinda Enclave, a pro-separatist organization functioning in the territory of the Cabinda enclave and its fractions. The article highlights the significance of the geopolitical factor and oil reserves and their influence on the situation in the province. It treats historical prerequisites and formal legal basis of the argument. The article analyzes the aim and methods of struggle used by separatists. It underlines the inconsistency of their actions aimed at challenging the government in Luanda. The article describes Angolan authorities’ views on the problem and dwells on some measures taken by the government to regulate the issue. The article assesses the development of the situation throughout recent years. It focuses on the regrouping of the separatist forces, on the creation of a new organization called Independence Movement of Cabinda, whose activists are involved in the political struggle and call for national self-determination. The article makes a few predictions associated with enclave-related developments.


1989 ◽  
Vol 83 (2) ◽  
pp. 353-357 ◽  
Author(s):  
David J. Bederman

On July 28, 1986, the Republic of Nicaragua filed an application instituting proceedings against the Republic of Honduras in the International Court of Justice. Nicaragua alleged that Honduras had allowed armed bands, known as contras, to operate from its territory to the detriment of Nicaraguan sovereignty, that Honduran military forces had directly participated in attacks on Nicaragua and that the Government of Honduras had given material aid and logistical support to the rebels. Nicaragua requested that the Court declare the acts and omissions of Honduras to be violations of international law and order it to desist from all such activities and to make reparations to Nicaragua. Honduras objected to the jurisdiction of the Court and to the admissibility of the Application. The parties subsequently agreed that the Court should first decide these questions before proceeding to the merits. Relying on the Pact of Bogotá for its jurisdictional rationale, the Court unanimously held: that it had jurisdiction and that the Application could be entertained.


2001 ◽  
Vol 29 (1) ◽  
pp. 75-83 ◽  
Author(s):  
Peeter Järvelaid

The Republic of Estonia is one of those European countries for which the year 1918 meant a deep and radical change in the development of their states. During the last decade, these states – Austria, Hungary, the Czech Republic (the Czech and Slovak Federal Republic in 1918), Poland, Finland, Lithuania, Latvia and Estonia – have all become Member States of or applicant countries to the European Union. On 28 July 1922, the Republic of Estonia was de jure recognized by the Government of the United States. This was an important act, since soon afterwards, on 22 September 1922, Estonia became a member of the League of Nations. Estonia had thus become a subject of international law.


2019 ◽  
Vol 113 (4) ◽  
pp. 791-798
Author(s):  
Ginevra Le Moli

On April 8, 2016, the Egyptian government announced the signing of a “Convention of Demarcation of the Maritime Border” with Saudi Arabia (Convention). Under the Convention, the Red Sea Islands of Tiran and Sanafir lay in Saudi territory. The move was perceived by foreign and domestic observers as the abandonment by Egypt of a long-held territorial and maritime claim in exchange for a loan from Saudi Arabia, and it was challenged before the Egyptian courts. On January 16, 2017, the Egyptian Supreme Administrative Court rendered a judgment annulling the act of cession of the islands on the basis of the Egyptian people's entitlement over them (Judgment). The Judgment triggered a domestic judicial saga, which only ended in 2018. Aside from the intriguing political dimensions of this incident, the Judgment, while interpreting the Egyptian Constitution of 2014, sheds light on some fundamental aspects of international law, namely: the identity of the “holder” of sovereignty and its relations with the “delegatee,” i.e., the government; the contribution of human rights as an analytical frame for this issue; and the validity of a treaty concluded in violation of a state's treaty-making powers, a question for which there is limited practice.


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