Pan-Africanism and international law / / Abdulqawi A. Yusuf.

• Superior document: The Pocket Books of The Hague Academy of International Law / Les livres de poche de l'Académie de droit international de La Haye
• VerfasserIn: Yusuf, Abdulqawi,
• Place / Publishing House: [Hague, Netherlands] : : Hague Academy of International Law,, 2014.; ©2014
• Year of Publication: 2014
• Edition: 1st ed.
• Language: English
• Series: The Pocket Books of The Hague Academy of International Law / Les livres de poche de l'Académie de droit international de La Haye 25.
• Physical Description: 1 online resource (288 p.)
• Notes: Description based upon print version of record.

Also available as an e-book 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.

Table of Contents

Copyright; Pan-Africanismand International Law; Table of Contents; List of Abbreviations; Introduction ; Chapter I. The origins and evolution of Pan-Africanism; A. The origins of Pan-Africanism in the diaspora; B. Pan-Africanism in independent Africa: fightingfor total decolonization; C. Pan-Africanism under the African Union:fostering democratization and development; Chapter II. Pan-Africanism and the jus publicum Europaeum; A. International law and the jus publicum Europaeum; B. The jus publicum Europaeum and the colonizationof Africa

C. Early signs of collision between Pan-Africanismand the jus publicum EuropaeumChapter III. Pan-Africanism and the emergence ofAfrican States as subjects of international law; A. Concerted action to effect change in international law; B. Rejection or resistance to certain rules andprinciples; C. Ambivalence and eclecticism towards otherrules; D. A desire to reform old rules and influence theemergence of new rules; 1. The right of peoples to self-determination; 2. The legality of assistance to liberationmovements and the use of armed force incolonial situations

3. The succession of States to treaties4. The formulation of the concept of anExclusive Economic Zone in the law of the Sea ; Chapter IV. The institutional and normative evolutionof Pan-Africanism: from the Organizationof African Unity to the African Union; A. Rekindling the African peoples ' aspirationsfor stronger unity and solidarity; B. Eliminating the scourge of internal conflicts; C. Protecting human and peoples' rights and promotinggood governance and the rule of law; D. Building partnerships between Governmentsand civil society

Chapter V. Pan-Africanism and the African publiclaw: fostering innovative rules and principlesA. The innovative principles of the AU ConstitutiveAct: some illustrative examples; 1. The right of the Union to intervene in aMember State; 2. Prohibition of unconstitutional changes ofgovernment; 3. Respect for democratic principles and goodgovernance; B. Other innovative binding instruments: theKampala Convention; C. Introducing collective rights into positive law:the right to development

Chapter VI. The African public law and internationallaw: broadening the scope of application ofinternational rulesA. The specificities of the African Conventionon Refugees; B. The added value of the African Charter on theRights and Welfare of the Child; C. The supplementary character of the AfricanProtocol on the Rights of Women; D. Broadening the scope of environmental protection:the Bamako Convention; Chapter VII. Final observations; Bibliography ; About the author; Biographical note; Principal publications