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Emergent African Union law : conceptualization, delimitation, and application / edited by Oluffemi Amao, Mich�ele Olivier and Konstantinos D. Magliveras.

Contributor(s): Material type: TextPublication details: Oxford, United Kingdom : Oxford University Press, 2021. Edition: First editionDescription: xi, 483 pages : illustrations ; 24 cmISBN:
  • 0198862156
  • 9780198862154
Subject(s): LOC classification:
  • KQC79 .E44 2021
Contents:
1. Conceptualising AU Law within the Constitutional Framework of the AU -- 2. The Implications of AU Law: Conceptual Analysis with Emphasis on the Institutional Consequences -- 3. Framing African Union Law through the Lenses of International Constitutionalization and Federalism -- 4. Harmonization and Integration in Africa: The Case of Competition Law and Policy -- 5. The AU and Global Financial Standard-Setting -- 6. The Evolution of the AU Private Business Structure -- 7. Contextual Centrality of Institutional Arbitration Framework for AU Legal Order -- 8. Is the AU Best Placed to Advance Cross-Cutting Gender Rights' Harmonization of Customary Laws? -- 9. The Statute of the Pan-African Intellectual Property Organisation: A Human Rights Perspective -- 10. The AU and Disputed Presidential Elections -- 11. Human Rights, Statelessness, and the Right to Nationality (R2N) in Africa: What Can Vertical Structures Achieve? -- 12. Combating Terrorism and Managing Asylum Seekers and Refugees under AU Law -- 13. The Quasi-Supranational AU and the International Criminal Court -- 14. Development of AU Law: Tax Harmonization and Regional Integration towards Achieving Sustainable Social Structures in Africa -- 15. Land, Property, and Human Rights in AU Law and Policy -- 16. The Right to Education in AU Law -- 17. The Contribution of AU Human Rights Agreements to an Emergent AU Law -- 18. Sustainable Development and the AU Legal Order -- 19. The Several Sanctioning Regimes in the AU: Analysis and Synthesis -- 20. Enforcement Mechanisms in AU Human Rights Treaties: Lessons for the Wider AU Law -- 21. The AU and Issues of Institutional Capacity and Enforcement -- 22. The (Domestic) Enforcement of AU International Economic Law Instruments: Exploring the Desirability of Direct Effect -- 23. Propagation and Enforcement of AU Law: Perspectives from the Peace and Security Arena -- 24. Conclusion: AU Law and its Future: Reform and the Kagame Report.
Summary: "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."
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Books African Court on Human and Peoples' Rights Library KQC79 .E44 2021 (Browse shelf(Opens below)) Available 10036989
Books African Court on Human and Peoples' Rights Library KQC79 .E44 2021 (Browse shelf(Opens below)) Available 10035753

Includes bibliographical references and index.

1. Conceptualising AU Law within the Constitutional Framework of the AU -- 2. The Implications of AU Law: Conceptual Analysis with Emphasis on the Institutional Consequences -- 3. Framing African Union Law through the Lenses of International Constitutionalization and Federalism -- 4. Harmonization and Integration in Africa: The Case of Competition Law and Policy -- 5. The AU and Global Financial Standard-Setting -- 6. The Evolution of the AU Private Business Structure -- 7. Contextual Centrality of Institutional Arbitration Framework for AU Legal Order -- 8. Is the AU Best Placed to Advance Cross-Cutting Gender Rights' Harmonization of Customary Laws? -- 9. The Statute of the Pan-African Intellectual Property Organisation: A Human Rights Perspective -- 10. The AU and Disputed Presidential Elections -- 11. Human Rights, Statelessness, and the Right to Nationality (R2N) in Africa: What Can Vertical Structures Achieve? -- 12. Combating Terrorism and Managing Asylum Seekers and Refugees under AU Law -- 13. The Quasi-Supranational AU and the International Criminal Court -- 14. Development of AU Law: Tax Harmonization and Regional Integration towards Achieving Sustainable Social Structures in Africa -- 15. Land, Property, and Human Rights in AU Law and Policy -- 16. The Right to Education in AU Law -- 17. The Contribution of AU Human Rights Agreements to an Emergent AU Law -- 18. Sustainable Development and the AU Legal Order -- 19. The Several Sanctioning Regimes in the AU: Analysis and Synthesis -- 20. Enforcement Mechanisms in AU Human Rights Treaties: Lessons for the Wider AU Law -- 21. The AU and Issues of Institutional Capacity and Enforcement -- 22. The (Domestic) Enforcement of AU International Economic Law Instruments: Exploring the Desirability of Direct Effect -- 23. Propagation and Enforcement of AU Law: Perspectives from the Peace and Security Arena -- 24. Conclusion: AU Law and its Future: Reform and the Kagame Report.

"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."

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