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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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African States and Contemporary International Law

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ISBN13: 9789041101440
ISBN: 9041101446
Published: June 1997
Publisher: Brill Academic Publishers
Format: Hardback
Price: £188.00

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The Third Conference on the Law of the Sea marked a watershed in the emergence of African diplomatic and legal activities within the international system. Analysis of those states' participation therefore not only provides a template for the study of bloc activity at this level; it also adds the comprehensive analysis of African participation at UNCLOS III and, finally, it should also reveal the means by which states can more effectively impact global political and legislative processes.;This study evaluates the extent to which the Exclusive Economic Zone (EEZ) concept represents an attempt by African states to allocate to international law the task of correcting inequities between nations, and the future implications of such linkage. It critically explores and analyzes the conceptual framework that initiated action by African states in UNCLOS III, and it examines their attempts to operationalize this framework by their substantive participation in the negotiations. Finally, the study explores the future implications of African activity in the international legal and political system.;In this evaluative process the author suggests the need for greater insight in conceptualizing the role of African states as a bloc within the international system. Only in this manner can a better appreciation be had of the important role African states are playing as contributors in the formation of contemporary international law.

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Part 1: 1. Introduction.
2.Emergence of a regional position.
3. Emergence of a global position.
4. Analytic focus and methodology.
Part 2: 1. Emergence of African states and their attitudes towards international law.
2. Sources of international law and attitude of African states.
3. African attitude towards customary maritime law prior to 1974.
Part 3: 1. National jurisdiction claims and evolution of the EEZ concept.
2. Law of the Sea prior to 1974: UNCLOS 1 (1958), UNCLOS II (1960).
3. Evolution of the EEZ concept.
4. The EEZ as customary international law.
Part 4: 1. Assessment of the EEZ provisions in the 1982 Law of the Sea Convention and the new international economic order.
2. Rights and duties of states in the EEZ.
3. The EEZ and the new international economic order.
Part 5: 1. Conclusion and final assessment.
2. International legal status of the EEZ.