This work is an introduction into the origins, law and institutions of the African Union (AU). It examines the evolution, structures, legal standards and operational activities of this Pan-African organization, which replaced the Organization of African Unity (OAU) ten years ago.

This book explores the emergence of African Union (AU) law as a legal order and its implications for existing order in the region. As an authoritative text on the development of AU law, the book covers such pertinent issues as legislative powers, competences, direct effect in AU law, subsidiarity, interventionism, and enforcement of laws. Olufemi Amao argues that there is a gradual movement from intergovernmentalism to supranationalism in the African Union legal order, and explores how this trajectory gradually and incrementally de-emphasises the discourse on nation state sovereignty; a concept that has caused many problems in the African context. Drawing upon EU law as a comparison, the book also examines how the development of supranationalism affects crucial issues such as human rights, democratic reforms, territorial matters, tribal and religious disputes, and economic relations. As a comprehensive examination of the development of law within a union, this book will be of great interest and use to students, scholars and practitioners in international law, international relations, and African studies.

This book is a groundbreaking study of the emergence of a unique African Union legal system, with contributions from a diverse collection of scholars and practitioners. It highlights how law stands at the heart of the successful regional integration effort in Africa and explores, among either issues, the extent to which African Union law is having an impact on domestic laws. This trend has been particularly noticeable in the area of human rights, the rule of law, democratic principles, and aspects of constitutional law. Furthermore, the book examines how the African Union is engendering new norms from its legal order, such as the non-indifference norm, the norm on unconstitutional change of government, free trade, free movement of people, economic regulation, and democratic constitutionalism. The book also analyses how the African Union legal order has led to the emergence of a continental-level judicial system. The quasi-judicial system put in place under the African Charter on Human and Peoples' Rights, and administered by the African Commission on Human and Peoples' Rights, is now complemented by the African Court on Human and Peoples' Rights. This book contends that the continental-level judicial system is playing a crucial role in the moulding of emergent norms.

This book discusses the many legal aspects arising in relation to the maintenance of peace in Africa. Over the past twenty years, the majority of peace operations have been deployed on this continent, most of them established by the UN Security Council, sometimes in cooperation with the African Union and other African regional organizations, with contributions from the European Union and NATO. In some cases, the African Union has invoked its ‘primary responsibility for promoting peace, security and stability in Africa’, thus questioning the legal partnership between UN and regional organizations provided for in Chapter VIII of the UN Charter. The peace operations deployed in Africa have sometimes received a very robust mandate, which also includes the use of force and the protection of civilians’ human rights. The implementation of this broad mandate, which goes well beyond the traditional ‘peacekeeping approach’, requires considerable human and economic resources. Moreover, it raises several issues of concern with regard to the impact on the economic and political systems of the states in which the operations are deployed and, more generally, on the exercise of sovereignty over their territorial communities by these states. Offering an update for lawyers in practice and in academia interested in the field of international law, the book also contributes to the theoretical studies concerning the activities of international organizations, focusing on one of the most challenging issues to emerge in recent times.

This book brings together original and novel perspectives on major developments in human rights law and the environment in Africa. Focusing on African Union law, the book explores the core concepts and principles, theory and practice, accountability mechanisms and key issues challenging human rights law in the era of global environmental change. It, thus, extend the frontier of understanding in this fundamental area by building on existing scholarship on African human rights law and the protection of the environment, divulging concerns on redressing environmental and human rights protection issues in the context of economic growth and sustainable development. It further offers unique insight into the development, domestication and implementation challenges relating to human rights law and environmental governance in Africa. This long overdue interdisciplinary exploration of human rights law and the environment from an African perspective will be an indispensable reference point for academics, policymakers, practitioners and advocates of international human rights and environmental law in particular and international law, environmental politics and philosophy, and African studies in general. It is clear that there is much to do, study and share on this timely subject in the African context.

This comprehensive handbook offers a state-of-the-art guide to new frontiers of African entrepreneurship. Written from a Pan-African perspective by a cast of international authors, the book addresses the rapid modernisation and evolution of African entrepreneurship and business practices. It maps new developments in entrepreneurial ecosystems, technology and digital entrepreneurship, entrepreneurship in conflict zones, and gender and diversity issues. It proposes new models for entrepreneurial financing and explores the contrast between entrepreneurship in high-technology urban centers with peripheral rural districts and conflict zones. Bringing together empirical insights and case studies from countries across Africa, the Handbook illuminates regional and contextual differences and shares theoretical and practical insights which inform policy and practice. It is an ideal guide for researchers and students working on international business, entrepreneurship and emerging economies. It will also inform policymakers in developing context-informed entrepreneurial policies and initiatives in Africa.

This collection of essays in honour of Frans Viljoen shines a light on the increasingly important place of compliance in international law. With essays from leading scholars in the field of international human rights law, this festschrift provides compelling analysis of the nature of compliance in the African human rights context, the challenges that affect its place in these legal systems, and the ways in which increased compliance can be achieved. The volume is divided into three parts exploring: theoretical perspectives, thematic perspectives, and institutional perspectives. Each in turn helps to build a picture of theory and practice charting the historic developments of human rights law with several case studies to illustrate. Contributors provide detailed comparison with other national legal systems, such as the Inter-American IACHR and Court, placing these reflections in their global comparative context. The work concludes by considering the ways in which challenges can be overcome to achieve increased compliance with international human rights law in Africa. Compliance with International Human Rights Law in Africa is not only a work to honour the contributions of Frans Viljoen but is also an invaluable resource for researchers, practitioners, and policy makers, in the field of international human rights law.

The African Union (AU) is the leading international organization on the African continent. Established in 2001, it consists of fifty-four members, a ten-member Commission, political organs, such as the Assembly, Pan-African Parliament, and a body where civil society groups are represented. The AU seeks the political and socio-economic integration of the African continent and has emerged as a key player in international politics. Since its creation, the AU has tackled a wide range of issues, including health epidemics (Ebola), undemocratic change of governments, gender inequality, wars, poverty and climate change. It has also led military interventions in Burundi, Comoros, Sudan, and Somalia and adopted key legal instruments to prevent transnational terrorism, bad governance, human rights abuses, corruption and promoted economic development. Governing Africa shows how the AU has faced these challenges by providing a comprehensive and critical examination of AU's performance and role, explaining the innovative and homegrown solutions it has developed in the last decade. Going beyond the traditional security-centric discussion of AU, it analyzes other equally important issues that the AU has dealt with, such as human rights and democracy promotion. For those interested in global studies, the 3D model advanced in this book provides excellent theoretical model for studying IOs anywhere in the world. The first book to deal with the AU as a multi-dimensional, dynamic political organization, Governing Africa takes stock of AU’s successes and failures in its first decade.

African Human Rights Yearbook / Annuaire africain des droits de l’homme 2 (2018) 2018 ISSN: 2523-1367 Pages: 521 Print version: Available Electronic version: Free PDF available About the publication The three institutions making up the African regional human rights system, the African Court on Human and Peoples’ Rights, the African Commission on Human and Peoples’ Rights, and the African Committee of Experts on the Rights and Welfare of the Child, decided to jointly publish the African Human Rights Yearbook, to spearhead studies on the promotion and protection of human rights, and to provide a forum for constructive engagement about the African human rights system with academics and other human rights commentators on the continent. Volume 2 of the Yearbook, published in 2018, contains 21 contributions by scholars from Africa and beyond. Les trois institutions qui composent le système régional africain des droits de l’homme, la Cour africaine des droits de l’homme et des peuples, la Commission africaine des droits de l’homme et des peuples et le Comité africain d’experts sur les droits et le bien-être de l’enfant ont décidé de publier conjointement l’Annuaire africain des droits de l’homme pour encourager les études sur la promotion et la protection des droits de l’homme et offrir un forum d’interaction constructive sur le système avec les universitaires et observateurs du continent. Le Volume 2 de l’Annuaire, publié en 2018, contient 21 contributions de chercheurs du continent et d’ailleurs. Table of Contents ARTICLES FOCUSED ON ASPECTS OF THE AFRICAN HUMAN RIGHTS SYSTEM AND AFRICAN UNION HUMAN RIGHTS NORMS ARTICLES PORTANT SUR LES ASPECTS DU SYSTEME AFRICAIN DES DROITS DE L’HOMME ET LES NORMES DES DROITS DE L’HOMME DE L’UNION AFRICAINE Le système africain de protection des droits de l’homme et le droit international humanitaire Abelungu, Junior Mumbala & Cirimwami, Ezéchiel Amani Les grands silences jurisprudentiels de la Cour africaine des droits de l’homme et des peuples Adjolohoun, Sègnonna Horace The normative power of the right to self-determination under the African Charter and the principle of territorial integrity: competing values of human dignity and system stability Anyangwe, Carlson Perspective d’une fusion entre la Commission et la Cour africaine des droits de l’homme et des peuples: quel scenario possible pour une unification du contentieux régional africain des droits de l’homme? Badugue, Patrick The application of African Union (human rights) law in Uganda: trends and prospects from a comparative review Kabumba, Busingye Signs of triumph, trial and tribulation: reflections on the domestication and implementation of article 9 of the Women’s Rights Protocol in Namibia Kariseb, Kennedy L’exercice de la compétence contentieuse de la Cour africaine des droits de l’homme et des peuples à l’épreuve de la souveraineté des États Kéké, Sakré La déclaration de l’article 34(6) du Protocole de Ouagadougou dans le système africain des droits de l’homme: entre régressions continentales et progressions régionales Kemkeng, Carole Valérie Nouazi Follow-up as a ‘choice-less choice’: towards improving the implementation of decisions on communications of the African Children’s Committee Mezmur, Benyam Dawit & Kahbila, Mbuton Ulrike The interpretation of the right to mental health in the Africa and American systems Wachira, Miriam & Cassell, Doug Assessing Rwexit: the impact and implications of Rwanda’s withdrawal of its article 34(6) declaration before the African Court on Human and Peoples’ Rights Windridge, Oliver Le mécanisme de garantie des droits de l’homme de la CEDEAO: entre emprunt et appropriation des instruments du système continental Yougbaré, Robert Human rights in the African Union decision-making processes: an inside view of states’ reaction to the Activity Reports of the African Commission on Human and Peoples’ Rights Zewudie, Tilahun Adamu SPECIAL FOCUS ON THE AFRICAN UNIONS’ THEME FOR 2018: THE FIGHT AGAINST CORRUPTION FOCUS SPECIAL SUR LE THEME DE L’UNION AFRICAINE POUR L’ANNEE 2018: LA LUTTE CONTRE LA CORRUPTION Combating corruption-related illicit financial flows from Africa: legal approaches and challenges Duri, Jorum L’hydre de la corruption dans les relations euro-africaines Hassan, Adam Abdou Corruption and the right to vote in free and fair elections in Africa: is the will of the people on auction? Murimi, Edward Kahuthia & Kinyunyu, Selemani CASE COMMENTARIES COMMENTAIRES DE DECISIONS The (un)willingness to implement the recommendations of the African Commission on Human and Peoples’ Rights: revisiting the Endorois and the Mamboleo decisions Inman, Derek; Smis, Stefaan; Cirimwami, Ezéchiel Amani & Bahalaokwibuye, Christian Bahati Will Konaté set African journalists free? Interrogating the promises of an emerging press freedom jurisprudence in African regional courts Jansen Reventlow, Nani & Adjolohoun, Ségnonna Horace Genocide denial and freedom of political expression in the Ingabire case Khamala, Charles A Inclusive dialogue, freedom of speech in Rwanda and the milestone decision of the African Court in the matter of Victoire Ingabire Umuhoza v Republic of Rwanda Namwase, Sylvie La première décision au fond de la Cour africaine des droits de l’homme et des peuples: l’affaire Yogogombaye c. Sénégal (15 décembre 2009) Tchikaya, Blaise

About the publication Key reference work for diplomats and legal experts participating in international legal negotiations and transnational policy debates on governing the African continent. Highly recommended for developing courses, reading lists and other teaching materials on African International Law and African International Relations. Instrumental for developing innovative and impact-oriented research and policy strategies on the politics of making and implementing African International Law. What is African about African international law? The main aim of this book is to answer this question by developing a theory to explain how and why international law is Africanized. This includes explaining how Africanization relates both to the extent of continental norm setting by the Organization of African Unity and later the African Union, as the principal agent responsible for ‘African solutions to African problems’, and to the degree to which this African International Organization enforces these norms through varied continental accountability mechanisms. In this specific context, the book considers the different modalities through which the idea of Africa shapes, is shaped by and is embedded in international law making and implementation.