Pan-Africanism offers a unique vantage point to study Africa’s encounters with international law : first, as a continent whose political entities were excluded from the scope of application of the Eurocentric version of international law that was applied among the self-styled club of “civilized nations” ; second, through the emergence of African States as subjects of international law willing to contribute to the reform and further development of the law as a universal interstate normative system; and third, as members of the OAU and the AU acting collectively to generate innovative principles and rules, which, though applicable only in the context of intra-African relations, either go beyond those existing at the universal level or complement them by broadening their scope. This study examines those encounters through the various stages in the evolution of Pan-Africanism from a diaspora-based movement, engaged in the struggle for the emancipation of the peoples of the continent, to groupings of independent States and intergovernmental organizations which continue to promote African unity and influence the development of international law to make it more reflective of diverse legal traditions and values.
Abdulqawi A. Yusuf, Judge, International Court of Justice. Member, Institute of International Law (Institut de droit international). Founder and General Editor, African Yearbook of International Law/Annuaire africain de droit international. Founder, African Institute of International Law, Arusha, Tanzania. Previously served as Legal Counsel to various international organizations including UNESCO and UNIDO.
Chapter I. The Origins and Evolution of Pan-Africanism
A. The Origins of Pan-Africanism in the Diaspora
B. Pan-Africanism in Independent Africa: Fighting for Total Decolonization
C. Pan-Africanism under the African Union: Fostering Democratization and Development
Chapter II. Pan-Africanism and the Jus Publicum Europaeum A. International Law and the Jus Publicum Europaeum B. The Jus Publicum Europaeum and the Colonization of Africa
C. Early Signs of Collision between Pan-Africanism and the Jus Publicum Europaeum Chapter III. Pan-Africanism and the Emergence of African States as Subjects of International Law
A. Concerted Action to Effect Change in International Law
B. Rejection or Resistance to Certain Rules and Principles
C. Ambivalence and Eclecticism towards Other Rules
D. A Desire to Reform Old Rules and Influence the Emergence of New Rules
1. The Right of Peoples to Self-Determination
2. The Legality of Assistance to Liberation Movements and the Use of Armed Force in Colonial Situations
3. The Succession of States to Treaties.
4. The Formulation of the Concept of an Exclusive Economic Zone in the Law of the Sea
Chapter IV. The Institutional and Normative Evolution of Pan-Africanism: From the Organization of African Unity to the African Union
A. Rekindling the African Peoples’ Aspirations for Stronger Unity and Solidarity
B. Eliminating the Scourge of Internal Conflicts
C. Protecting Human and Peoples’ Rights and Promoting Good Governance and the Rule of Law
D. Building Partnerships between Governments and Civil Society
Chapter V. Pan-Africanism and the African Public Law: Fostering Innovative Rules and Principles
A. The Innovative Principles of the Au Constitutive Act: Some Illustrative Examples
1. The Right of the Union to Intervene in a Member State
2. Prohibition of Unconstitutional Changes of Government.
3. Respect for Democratic Principles and Good Governance
B. Other Innovative Binding Instruments: The Kampala Convention
C. Introducing Collective Rights into Positive Law: The Right to Development
Chapter VI. The African Public Law and International Law: Broadening the Scope of Application of International Rules
A. The Specificities of the African Convention on Refugees
B. The Added Value of the African Charter on the Rights and Welfare of the Child
C. The Supplementary Character of the African Protocol on the Rights of Women
D. Broadening The Scope of Environmental Protection: The Bamako Convention
Chapter VII. Final Observations
Bibliography; About the Author; Biographical Note; Principal Publications.