International law in post-colonial Africa
著者
書誌事項
International law in post-colonial Africa
（Studies and materials on the settlement of international disputes, v. 4）
Kluwer Law International, 1999
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注記
Includes bibliographical references and indexes
内容説明・目次
内容説明
African States have contributed to the development of modern international law in various ways. This contribution can be assessed through an examination of the actual practice of these States in their interactions with each other, and with other States in the wider international community, on various matters which have a bearing on the creation of legal rules for the international community. Taken together, the case studies presented in this book demonstrate that, despite its apparent marginalization in the international system, Africa can stake a valid claim to being part of the on-going process of shaping new rules and principles of international law while strengthening existing ones. Some of the more important examples are: the broadening of the refugee definition and the principle of non-refoulement in the area of refugee law; the rights of access and transit to the sea and the concept of the exclusive economic zone in the law of the sea; the principle of uti possidetis; the concept of `peoples' rights', as distinguished from that of `human rights'; the very expansion of the traditional categorization of human rights to embrace the so-called third generation rights, such as the right to development; the Nyerere doctrine of State succession; and, in general, certain principles in the area of international fluvial law concerning the common management and utilization of shared watercourses. The discussions in this book are informed by the belief that post-colonial African States have tended to view the creation and application of international law as a historically engaged activity through which they can now empower themselves as part of the modern international community.
目次
Note by the Series Editor. About the Author. Preface. I: Creating and Situating International Law. 1. Custom, Authority and the Creation of International Law. 2. Situating International Law in Municipal Legal Systems in Africa. II: Pre-Independence Treaty Obligations and the Post-Colonial State. 3. The Newly Emergent State and the Devolution of Pre-Independence Treaties. 4. Succession to Treaties and International Fluvial Law in Africa: The Niger Treaties. III: Human Rights. 5. Contextualizing Democracy and Human Rights in Africa. 6. Protecting Human Rights in the Constitution: The Case of Malawi. IV: Refugee Rights. 7. The Refugee Problem in Post-Apartheid Southern Africa. 8. Refugees, Law and Politics: The Evolution of Refugee Policy in Malawi. V: Territory, Sovereignty and Dispute Settlement. 9. The Peaceful Settlement of International Disputes in Post-Colonial Africa: The First Two Decades. 10. Regulating the Common Utilization and Management of International Watercourses: The Senegal Regime. VI: Implementing New International Law. 11. Southern African Land-Locked States and Rights of Access and Transit under the New Law of the Sea. 12. Environment and Development in Africa in the 1990s: Some Legal Issues. Appendix: Bilateral Treaties Concluded by the United Kingdom and Other Parties Still in Force in Malawi. Index. Index of Cases.
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