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The Emergent African Union Law: Conceptualization, Delimitation, and Application

The Emergent African Union Law: Conceptualization, Delimitation, and Application

Author: Olufemi Amao; Michele Olivier; Konstantinos D. Magliveras
Publisher: Oxford University Press
ISBN: 9780198862154
Published In: October 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

Introduction, Femi Amao

Part 1. Scoping African Union Law

1:Conceptualising AU Law within the Constitutional Framework of the AU, Michèle Olivier

2:The Implications of AU Law: Conceptual Analysis with Emphasis on the Institutional Consequences, Konstantinos D Magliveras

3:Framing African Union Law through the Lenses of International Constitutionalization and Federalism, Femi Amao

Part 2. Harmonization and Integration as Drivers of AU Law

4:Harmonization and Integration in Africa: The Case of Competition Law and Policy, Kamala Dawar and George Lipimile

5:The AU and Global Financial Standard-Setting, Pablo Iglesias-Rodríguez

6:The Evolution of the AU Private Business Structure, Iyare Otabor-Olubor

7:Contextual Centrality of Institutional Arbitration Framework for AU Legal Order, Onyeka K Osuji and Oluwafikunayo D Taiwo

Part 3. Addressing Civil and Political Challenges through African Union Law: Perspectives

8:Is the AU Best Placed to Advance Cross-Cutting Gender Rights' Harmonization of Customary Laws?, Adaeze Okoye

9:The Statute of the Pan-African Intellectual Property Organisation: A Human Rights Perspective, Emmanuel Kolawole Oke

10:The AU and Disputed Presidential Elections, Eki Yemisi Omorogbe

11:Human Rights, Statelessness, and the Right to Nationality (R2N) in Africa: What Can Vertical Structures Achieve?, Chidebe Matthew Nwankwo

12:Combating Terrorism and Managing Asylum Seekers and Refugees under AU Law, Cristiano d'Orsi

13:The Quasi-Supranational AU and the International Criminal Court, Ben Chigara

Part 4. Addressing Socio-Economic Challenges through African Union Law: Perspectives

14:Development of AU Law: Tax Harmonization and Regional Integration towards Achieving Sustainable Social Structures in Africa, Chisa Onyejekwe

15:Land, Property, and Human Rights in AU Law and Policy, Robert Home

16:The Right to Education in AU Law, Rui Garrido and Aua Baldé

17:The Contribution of AU Human Rights Agreements to an Emergent AU Law, Gino Naldi

18:Sustainable Development and the AU Legal Order, Eghosa Ekhator

Part 5: Enforcing African Union Law: Perspectives

19:The Several Sanctioning Regimes in the AU: Analysis and Synthesis, Konstantinos D Magliveras

20:Enforcement Mechanisms in AU Human Rights Treaties: Lessons for the Wider AU Law, Michèle Olivier

21:The AU and Issues of Institutional Capacity and Enforcement, Ovo Imoedemhe

22:The (Domestic) Enforcement of AU International Economic Law Instruments: Exploring the Desirability of Direct Effect, Regis Yann Simo

23:Propagation and Enforcement of AU Law: Perspectives from the Peace and Security Arena, Rhuks Ako

24:Conclusion: AU Law and its Future: Reform and the Kagame Report, Femi Amao and Michèle Olivier

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