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

Edited by: Olufemi Amao, Michele Olivier, Konstantinos D. Magliveras

ISBN13: 9780198862154
Published: October 2021
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £80.00

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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.

Other Jurisdictions , Africa
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