International Law in Post-Colonial Africa /

International Law in Post-Colonial Africa / / Tiyanjana Maluwa.

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Bibliographic Details
Superior document:Studies and Materials on the Settlement of International Disputes Series ; Volume 4
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Maluwa, Tiyanjana,
Place / Publishing House:The Hague, The Netherlands : : Kluwer Law International,, [1999]
©1999
Year of Publication:1999
Edition:First edition.
Language:English
Series:Studies and materials on the settlement of international disputes ; Volume 4.
Physical Description:1 online resource (368 pages)
Notes:Includes index.
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Table of Contents:
  • Intro
  • Title Page
  • Copyright Page
  • Table of Contents
  • NOTE BY THE SERIES EDITOR
  • ABOUT THE AUTHOR
  • PREFACE
  • I. CREATING AND SITUATING INTERNATIONAL LAW
  • 1. Custom, Authority and the Creation of International Law
  • Introduction
  • Custom as a Law-Creating Process
  • Finnis's Account of Custom-Formation
  • Concluding Observations: A Brief Interpretation of Finnis's Schema
  • 2. Situating International Law in Municipal Legal Systems in Africa
  • Introduction
  • International Law and Municipal Law
  • The Theoretical Issue
  • English Common Law and Civil Law Approaches
  • Constitutional Incorporation of International Law in Africa
  • International Law and Constitutional Interpretation: A Southern African Perspective
  • Conclusion
  • II. PRE-INDEPENDENCE TREATY OBLIGATIONS AND THE POST-COLONIAL STATE
  • 3. The Newly Emergent State and the Devolution of Pre-Independence Treaties
  • Introduction
  • Malawi: A Post-Colonial Case Study
  • Colonial Treaty Obligations and Third Parties: Theory and Practice
  • Concluding Observations: Devolution of Treaty obligations in the Post-Colonial Era
  • 4. Succession to Treaties and International Fluvial Law in Africa: The Niger Treaties
  • Introduction
  • The Pre-Independence Position
  • Revision and Abrogation of the General Act of Berlin in 1890 and 1919
  • The Devolution of the Pre-Independence Niger Treaties upon the new Riparian States
  • The Colonial Position
  • State Succession and the Devolution of the Convention of St. Germain
  • The Convention of St. Germain as a Dispositive Treaty and the Source of an International Servitude
  • Article 1 of the Act of Niamey (1963): Abrogation of the Convention of St. Germain
  • Conclusion
  • III. HUMAN RIGHTS
  • 5. Contextualizing Democracy and Human Rights in Africa
  • Introduction
  • International Human Rights Law: A Historical Note.
  • Sources and Content of International Human Rights Law
  • Discourses on African Approaches to Human Rights
  • Democracy and Rights
  • Conclusion
  • 6. Protecting Human Rights in the Constitution: The Case of Malawi
  • Introduction
  • International Law and Municipal Law in Malawi
  • The Pre-1995 Constitution Period
  • The Position under the 1995 Constitution
  • (i) Custom
  • (ii) Treaties
  • Conclusion
  • IV. REFUGEE RIGHTS
  • 7. The Refugee Problem in Post-Apartheid Southern Africa
  • Introduction
  • Refugees, Peace and Security: Anatomy of the Problem
  • Issues for Preliminary Consideration
  • The Concept of a "Refugee": The Question of Definition and Approach
  • Political Refugees and Economic Migrants: What's in a Name?
  • Refugeehood and Citizenship
  • Strategic Roots of Refugee Movements
  • Refugee Movements as a Foreign Policy Tool of Sending States
  • Refugee Movements as a Foreign Policy Tool of Receiving States
  • The Dynamics of Refugee-Creation in Southern Africa
  • Strategic Consequences and Security Implications
  • Conclusion
  • 8. Refugees, Law and Politics: The Evolution of Refugee Policy in Malawi
  • Introduction
  • The Legal Regime for the Protection of Refugees in Malawi, 1964 to 1988
  • Malawi's Succession to Pre-Independence International Refugee Conventions
  • The Principle of Non-Refoulement as Jus Cogens
  • The Application of the Principle of Non-Refoulement in Situations of Large-Scale Influx: Malawi's Approach
  • Conclusion
  • V. TERRITORY, SOVEREIGNTY AND DISPUTE SETTLEMENT
  • 9. The Peaceful Settlement of International Disputes in Post-Colonial Africa: The First Two Decades
  • Introduction
  • The Principle of Peaceful Settlement
  • The Commission of Mediation, Conciliation and Arbitration
  • The Practice Adopted by States
  • Ad hoc Commissions and Solitary Diplomacy
  • Conciliation
  • Mediation.
  • The Issues of Confidence and Control
  • Conclusion
  • 10. Regulating the Common Utilization and Management of International Watercourses: The Senegal Regime
  • Introduction
  • The Pre-Independence Position
  • Evolution of the International Legal Regime
  • Regulation and Utilization of the Senegal Basin under the Bamako and Dakar Treaties
  • (i) Navigational Use
  • Freedom of Navigation: Meaning of the Term
  • (ii) Extent of the Rights Granted
  • Freedom of Traffic
  • Entry into Ports and Commerce
  • Non-Discrimination: Cabotage
  • Exemption from Dues and Tolls
  • Types of Vessels: Exclusion of Warships
  • Territorial Scope of the Freedom of Navigation: Tributaries and Sub-tributaries
  • Roads, Railways and Lateral Canals
  • (iii) The Right of the State in Whose Waters Free Navigation is Granted
  • Sovereignty
  • Legislation: Jus Edicendi
  • Integrated Development
  • Navigational Uses
  • Non-Navigational Uses
  • The International Legal Regime of the Senegal under the Labé and Nouakchott Treaties
  • Conclusion
  • VI. IMPLEMENTING NEW INTERNATIONAL LAW
  • 11. Southern African Land-Locked States and Rights of Access and Transit under the New Law of the Sea
  • Introduction
  • The Right of Access of Land-Locked States under International Law
  • Can the Right of Access and Transit be Based on Customary International Law?
  • The United Nations Law of the Sea (LOS) Convention
  • The Right of Access as a General Principle of International Law
  • Conclusion
  • 12. Environment and Development in Africa in the 1990s: Some Legal Issues
  • Introduction
  • Some Definitional and Conceptual Issues
  • The Right to the Environment and the Meaning of "Environment"
  • The Right to Development and the Concept of "Sustainable Development"
  • Environment and Development: the Conceptual Nexus
  • Environmental Protection Legislation in Africa.
  • Selected Environmental Legislation
  • (i) Constitutional and Institutional Machinery
  • (ii) Population and Human Settlements Legislation
  • Conclusion
  • APPENDIX
  • Bilateral Treaties Concluded by the United Kingdom and Other Parties Still in Force in Malawi
  • INDEX
  • INDEX OF CASES.

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