ISBN : 9780198862154
This book is a groundbreaking study of the emergence of a unique African Union legal system, with contributions from a diverse collection of scholars and practitioners. It highlights how law stands at the heart of the successful regional integration effort in Africa and explores, among either issues, the extent to which African Union law is having an impact on domestic laws. This trend has been particularly noticeable in the area of human rights, the rule of law, democratic principles, and aspects of constitutional law. Furthermore, the book examines how the African Union is engendering new norms from its legal order, such as the non-indifference norm, the norm on unconstitutional change of government, free trade, free movement of people, economic regulation, and democratic constitutionalism. The book also analyses how the African Union legal order has led to the emergence of a continental-level judicial system. The quasi-judicial system put in place under the African Charter on Human and Peoples' Rights, and administered by the African Commission on Human and Peoples' Rights, is now complemented by the African Court on Human and Peoples' Rights. This book contends that the continental-level judicial system is playing a crucial role in the moulding of emergent norms.
Femi Amao: Introduction
Part 1. Scoping African Union Law
1 Michele Olivier: Conceptualising AU Law within the Constitutional Framework of the AU
2 Konstantinos D Magliveras: The Implications of AU Law: Conceptual Analysis with Emphasis on the Institutional Consequences
3 Femi Amao: Framing African Union Law through the Lenses of International Constitutionalization and Federalism
Part 2. Harmonization and Integration as Drivers of AU Law
4 Kamala Dawar and George Lipimile: Harmonization and Integration in Africa: The Case of Competition Law and Policy
5 Pablo Iglesias-Rodriguez: The AU and Global Financial Standard-Setting
6 Iyare Otabor-Olubor: The Evolution of the AU Private Business Structure
7 Onyeka K Osuji and Oluwafikunayo D Taiwo: Contextual Centrality of Institutional Arbitration Framework for AU Legal Order
Part 3. Addressing Civil and Political Challenges through African Union Law: Perspectives
8 Adaeze Okoye: Is the AU Best Placed to Advance Cross-Cutting Gender Rights' Harmonization of Customary Laws?
9 Emmanuel Kolawole Oke: The Statute of the Pan-African Intellectual Property Organisation: A Human Rights Perspective
10 Eki Yemisi Omorogbe: The AU and Disputed Presidential Elections
11 Chidebe Matthew Nwankwo: Human Rights, Statelessness, and the Right to Nationality (R2N) in Africa: What Can Vertical Structures Achieve?
12 Cristiano d'Orsi: Combating Terrorism and Managing Asylum Seekers and Refugees under AU Law
13 Ben Chigara: The Quasi-Supranational AU and the International Criminal Court
Part 4. Addressing Socio-Economic Challenges through African Union Law: Perspectives
14 Chisa Onyejekwe: Development of AU Law: Tax Harmonization and Regional Integration towards Achieving Sustainable Social Structures in Africa
15 Robert Home: Land, Property, and Human Rights in AU Law and Policy
16 Rui Garrido and Aua Balde: The Right to Education in AU Law
17 Gino Naldi: The Contribution of AU Human Rights Agreements to an Emergent AU Law
18 Eghosa Ekhator: Sustainable Development and the AU Legal Order
Part 5: Enforcing African Union Law: Perspectives
19 Konstantinos D Magliveras: The Several Sanctioning Regimes in the AU: Analysis and Synthesis
20 Michele Olivier: Enforcement Mechanisms in AU Human Rights Treaties: Lessons for the Wider AU Law
21 Ovo Imoedemhe: The AU and Issues of Institutional Capacity and Enforcement
22 Regis Yann Simo: The (Domestic) Enforcement of AU International Economic Law Instruments: Exploring the Desirability of Direct Effect
23 Rhuks Ako: Propagation and Enforcement of AU Law: Perspectives from the Peace and Security Arena
24 Femi Amao and Michele Olivier: Conclusion: AU Law and its Future: Reform and the Kagame Report
