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International Law in Post-colonial Africa


ISBN13: 9789041110893
ISBN: 9041110895
Published: July 1999
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £211.00



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Taken together, the case studies presented in this book demonstrate that Africa can stake a valid claim to being part of the on-going process of shaping new rules and principles of international law. 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; and the concept of peoples' rights.

Subjects:
Other Jurisdictions , Africa
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.
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.