This book is a collection of essays dealing with issues of contemporary significance in the law of treaties. It neither purports nor aspires to provide a general overview of all aspects of the law of treaties, and it is by no means intended to be a comprehensive textbook. The discussion of the subjects selected in this book will shed some light on a number of areas of the contemporary law of treaties, and, consequently, on some important features of the international legal system at the beginning of the twenty-first century. The relevance of the rules governing the law of treaties for other central fields of international law continue to be the subject of frequent doctrinal discussion. In addition, some rapidly developing newer areas of public international law, which are regulated for the most part by treaties, have renewed the importance of some older problems, for example, the question of conflicts between treaties regulating the same subject-matter and the matter of treaty interpretation. One other important issue is the relevance of the emergence of new actors and factors, other than states, in the international legal order in general, and in the law of treaties in particular.
This book explores the emergence of African Union (AU) law as a legal order and its implications for existing order in the region. As an authoritative text on the development of AU law, the book covers such pertinent issues as legislative powers, competences, direct effect in AU law, subsidiarity, interventionism, and enforcement of laws. Olufemi Amao argues that there is a gradual movement from intergovernmentalism to supranationalism in the African Union legal order, and explores how this trajectory gradually and incrementally de-emphasises the discourse on nation state sovereignty; a concept that has caused many problems in the African context. Drawing upon EU law as a comparison, the book also examines how the development of supranationalism affects crucial issues such as human rights, democratic reforms, territorial matters, tribal and religious disputes, and economic relations. As a comprehensive examination of the development of law within a union, this book will be of great interest and use to students, scholars and practitioners in international law, international relations, and African studies.
Legal Naturalism advances a clear and convincing case that Marx's theory of law is a form of natural law jurisprudence. It explicates both Marx's writings and the idea of natural law, and makes a forceful contribution to current debates on the foundations of law. Olufemi Taiwo argues that embedded in the corpus of Marxist writing is a plausible, adequate, and coherent legal theory. He describes Marx's general concept of law, which he calls "legal naturalism." For Marxism, natural law isn't a permanent verity; it refers to the basic law of a given epoch or social formation which is an essential aspect of its mode of production. Capitalist law is thus natural law in a capitalist society and is politically and morally progressive relative to the laws of preceding social formations. Taiwo emphasizes that these formations are dialectical or dynamic, not merely static, so that the law which is naturally appropriate to a capitalist economy will embody tensions and contradictions that replicate the underlying conflicts of that economy. In addition, he discusses the enactment and reform of "positive law"—law established by government institutions—in a Marxian framework.
A continent of vast diversity, stretching from the deserts of the north through the equatorial tropics into the more temperate south, Africa brims with challenges and issues. This book collects a series of papers examining a number of these topics and how they impact African nations, the United States and the global community. The analyses also present possible solutions to some of the continent's most vexing problems as many of its nations chart a course of political and economic development.
An analysis of how traditional power structures in Nigeria have survived the forces of colonialism and the modernization processes of postcolonial regimes. This book analyzes how indigenous political power structures in Nigeria survived both the constricting forces of colonialism and the modernization programs of postcolonial regimes. With twenty detailed case studies on colonial andpostcolonial Nigerian history, the complex interactions between chieftaincy structures and the rapidly shifting sociopolitical and economic conditions of the twentieth century become evident. Drawing on the interactions between the state and chieftaincy, this study goes beyond earlier Africanist scholarship that attributes the resilience of these indigenous structures to their enduring normative and utilitarian qualities. Linked to externally-derived forces, and legitimated by neotraditional themes, chieftaincy structures were distorted by the indirect rule system, transformed by competing communal claims, and legitimated a dominant ethno-regional power configuration. Olufemi Vaughan is Professor in the Department of Africana Studies and the Department of History, State University of New York at Stony Brook. Winner of the 2001 Cecil B. Currey Book-length Award from the Association ofThird World Studies.
This book is a collection of essays dealing with issues of contemporary significance in the law of treaties. It neither purports nor aspires to provide a general overview of all aspects of the law of treaties, and it is by no means intended to be a comprehensive textbook. The discussion of the subjects selected in this book will shed some light on a number of areas of the contemporary law of treaties, and, consequently, on some important features of the international legal system at the beginning of the twenty-first century. The relevance of the rules governing the law of treaties for other central fields of international law continue to be the subject of frequent doctrinal discussion. In addition, some rapidly developing newer areas of public international law, which are regulated for the most part by treaties, have renewed the importance of some older problems, for example, the question of conflicts between treaties regulating the same subject-matter and the matter of treaty interpretation. One other important issue is the relevance of the emergence of new actors and factors, other than states, in the international legal order in general, and in the law of treaties in particular.
One of the problems in global water management is the sharing of watercourses by neighbouring countries, a situation that continues to lead to many long-lasting conflicts. The authors of this book make a valuable contribution to ongoing attempts to find sustainable solutions to this problem and to the debate on global water scarcity in general. They examine the law and practice relating to co-operation between Finland, Sweden and Norway with respect to international watercourses, and provide an analysis of numerous bilateral and multilateral instruments, which demonstrate that even between States with different political and social systems and different policy goals, co-operation with respect to water can also be beneficial to all parties. The authors also examine the wider regional co-operation between these Nordic countries and Russia; co-operation which provides a blueprint for watercourse co-operation in other regions of the world. This book will appeal to both practitioners and academics.
One of the problems in global water management is the sharing of watercourses by neighbouring countries, a situation that continues to lead to many long-lasting conflicts. The authors of this book make a valuable contribution to ongoing attempts to find sustainable solutions to this problem and to the debate on global water scarcity in general. They examine the law and practice relating to co-operation between Finland, Sweden and Norway with respect to international watercourses, and provide an analysis of numerous bilateral and multilateral instruments, which demonstrate that even between States with different political and social systems and different policy goals, co-operation with respect to water can also be beneficial to all parties. The authors also examine the wider regional co-operation between these Nordic countries and Russia; co-operation which provides a blueprint for watercourse co-operation in other regions of the world. This book will appeal to both practitioners and academics.
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