The emergent African Union law : conceptualization, delimitation, and application
Olufemi Amao (Editor), Michèle Emily Olivier (Editor), Konstantinos D. Magliveras (Editor)
"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."
Print Book, English, 2021
First edition View all formats and editions
Oxford University Press, Oxford, United Kingdom, 2021
xi, 483 pages : illustrations ; 24 cm
9780198862154, 0198862156
1263259953
1. Conceptualising AU Law within the Constitutional Framework of the AU
2. The Implications of AU Law: Conceptual Analysis with Emphasis on the Institutional Consequences
3. Framing African Union Law through the Lenses of International Constitutionalization and Federalism
4. Harmonization and Integration in Africa: The Case of Competition Law and Policy
5. The AU and Global Financial Standard-Setting
6. The Evolution of the AU Private Business Structure
7. Contextual Centrality of Institutional Arbitration Framework for AU Legal Order
8. Is the AU Best Placed to Advance Cross-Cutting Gender Rights' Harmonization of Customary Laws?
9. The Statute of the Pan-African Intellectual Property Organisation: A Human Rights Perspective
10. The AU and Disputed Presidential Elections
11. Human Rights, Statelessness, and the Right to Nationality (R2N) in Africa: What Can Vertical Structures Achieve?
12. Combating Terrorism and Managing Asylum Seekers and Refugees under AU Law
13. The Quasi-Supranational AU and the International Criminal Court
14. Development of AU Law: Tax Harmonization and Regional Integration towards Achieving Sustainable Social Structures in Africa
15. Land, Property, and Human Rights in AU Law and Policy
16. The Right to Education in AU Law
17. The Contribution of AU Human Rights Agreements to an Emergent AU Law
18. Sustainable Development and the AU Legal Order
19. The Several Sanctioning Regimes in the AU: Analysis and Synthesis
20. Enforcement Mechanisms in AU Human Rights Treaties: Lessons for the Wider AU Law
21. The AU and Issues of Institutional Capacity and Enforcement
22. The (Domestic) Enforcement of AU International Economic Law Instruments: Exploring the Desirability of Direct Effect
23. Propagation and Enforcement of AU Law: Perspectives from the Peace and Security Arena
24. Conclusion: AU Law and its Future: Reform and the Kagame Report