The Emergent African Union Law: Conceptualization, Delimitation, and Application

by Olufemi Amao (Editor), Michèle Olivier (Editor), Konstantinos D. Magliveras (Editor)

Overview

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.

Product Details

ISBN-13:	9780198862154
Publisher:	Oxford University Press
Publication date:	01/21/2022
Pages:	496
Product dimensions:	8.90(w) x 6.10(h) x 1.50(d)

About the Author

Olufemi Amao is a Reader in Law at the Sussex Law School, University of Sussex. He is the author of 'African Union Law: The Emergence of a Sui Generis Legal Order' (Routledge, 2019) and 'Corporate Social Responsibility, Human Rights and the Law: Multinational Corporations in Developing Countries' (Routledge, 2011). He previously worked at Brunel University, London (2009-2015) and the University College Cork, Ireland (2008-2009). He was called to the Nigerian Bar in 1999. He is the PI for the AHRC funded African Union Law Research project. (http://africanunionlaw.org/).

Michèle Olivier is an Associate Professor and Programme Director of Law at the Dar Al-Hekma University, Jeddah. She was previously a Professor in International Law at the University of Pretoria and a Reader in the School of Law and Politics at the University of Hull. Before joining academia, she was the Principal State Law Adviser (International Law) for the Department of Foreign Affairs in South Africa. She holds a doctorate in law and a Masters degree in political science. She was one of eight members of the technical committee of constitutional experts responsible for the drafting of the South African Constitution (1993) and acted as a consultant to the African Peer Review Mechanism of the Africa Union assessing governance in a number of African states.

Konstantinos D. Magliveras is a Professor in the Department of Mediterranean Studies at the University of the Aegean, where he has been teaching for the last 20 years. He previously worked in the University of Aberdeen and the University of East Anglia, and undertook post-doctoral research at Erasmus Universiteit Rotterdam.

Table of Contents

Introduction, Femi AmaoPart 1. Scoping African Union Law1. Conceptualising AU Law within the Constitutional Framework of the AU, Michèle Olivier2. The Implications of AU Law: Conceptual Analysis with Emphasis on the Institutional Consequences, Konstantinos D Magliveras3. Framing African Union Law through the Lenses of International Constitutionalization and Federalism, Femi AmaoPart 2. Harmonization and Integration as Drivers of AU Law4. Harmonization and Integration in Africa: The Case of Competition Law and Policy, Kamala Dawar and George Lipimile5. The AU and Global Financial Standard-Setting, Pablo Iglesias-Rodríguez6. The Evolution of the AU Private Business Structure, Iyare Otabor-Olubor7. Contextual Centrality of Institutional Arbitration Framework for AU Legal Order, Onyeka K Osuji and Oluwafikunayo D TaiwoPart 3. Addressing Civil and Political Challenges through African Union Law: Perspectives8. Is the AU Best Placed to Advance Cross-Cutting Gender Rights' Harmonization of Customary Laws?, Adaeze Okoye9. The Statute of the Pan-African Intellectual Property Organisation: A Human Rights Perspective, Emmanuel Kolawole Oke10. The AU and Disputed Presidential Elections, Eki Yemisi Omorogbe11. Human Rights, Statelessness, and the Right to Nationality (R2N) in Africa: What Can Vertical Structures Achieve?, Chidebe Matthew Nwankwo12. Combating Terrorism and Managing Asylum Seekers and Refugees under AU Law, Cristiano d'Orsi13. The Quasi-Supranational AU and the International Criminal Court, Ben ChigaraPart 4. Addressing Socio-Economic Challenges through African Union Law: Perspectives14. Development of AU Law: Tax Harmonization and Regional Integration towards Achieving Sustainable Social Structures in Africa, Chisa Onyejekwe15. Land, Property, and Human Rights in AU Law and Policy, Robert Home16. The Right to Education in AU Law, Rui Garrido and Aua Baldé17. The Contribution of AU Human Rights Agreements to an Emergent AU Law, Gino Naldi18. Sustainable Development and the AU Legal Order, Eghosa EkhatorPart 5: Enforcing African Union Law: Perspectives19. The Several Sanctioning Regimes in the AU: Analysis and Synthesis, Konstantinos D Magliveras20. Enforcement Mechanisms in AU Human Rights Treaties: Lessons for the Wider AU Law, Michèle Olivier21. The AU and Issues of Institutional Capacity and Enforcement, Ovo Imoedemhe22. The (Domestic) Enforcement of AU International Economic Law Instruments: Exploring the Desirability of Direct Effect, Regis Yann Simo23. Propagation and Enforcement of AU Law: Perspectives from the Peace and Security Arena, Rhuks Ako24. Conclusion: AU Law and its Future: Reform and the Kagame Report, Femi Amao and Michèle Olivier

Editorial Reviews

"No doubt, this pioneering 24-chapter book on the novel concept of AU Law is worth the effort and invaluable to academicians and policymakers alike ... The book is timely and makes a unique contribution both in theory and practice, to jurisprudence on the continent and beyond." — Dan Kuwali, Afronomics Law

From the Publisher