Peacebuilding in the African Union ：Law, Philosophy and Practice

Publication subTitle ：Law, Philosophy and Practice

Author： Abou Jeng;

Publisher： Cambridge University Press‎

Publication year： 2012

E-ISBN: 9781316966242

P-ISBN(Paperback): 9781107015210

P-ISBN(Hardback): 9781107015210

Subject： D08 Other political theory problems

Keyword：政治理论

Language： ENG

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Description

An extensive analysis of the norms and legal institutions of the African Union and their relevance to Africa's quest for peace. This book is the first to examine the interfaces between international law, peacebuilding and the African Union. Through case studies it assesses the capacity of the African Union's peacebuilding framework and its ability to provide alternative approaches to conflicts in Africa. This book is the first to examine the interfaces between international law, peacebuilding and the African Union. Through case studies it assesses the capacity of the African Union's peacebuilding framework and its ability to provide alternative approaches to conflicts in Africa. Particularly in the context of internal conflicts, international law is frequently unable to create and sustain frameworks for peace in Africa. In Peacebuilding in the African Union, Abou Jeng explores the factors which have prevented such steps forward in the interaction between the international legal order and postcolonial Africa. In the first work of its kind, Jeng considers whether these limitations necessitate recasting the existing conceptual structure and whether the Constitutive Act of the African Union provides exactly this opportunity through its integrated peace and security framework. Through the case studies of Burundi and Somalia, Jeng examines the structures and philosophy of the African Union and assesses the capacity of its practices in peacemaking. In so doing, this book will be of great practical value to scholars and legal practitioners alike. 1. Towards an introduction; 2. International law and the Third World; 3. Violence and conflicts in Africa; 4. International law responses to conflicts; 5. The genesis of the African Union; 6. Philosophy and structures of the African Union; 7. The African Union's peacebuilding travails in Burundi; 8. The African Union and peacebuilding in Somalia; 9. Towards an African Union philosophy on peacebuilding? 'This poignant narrative brings home the urgency of listening to the African voices of human suffering. Through a variety of perspectives, Dr Abou Jeng invites us all to re-think the impact that international law and global justice can have on human and social suffering in the face of some deeply troubling world orders.' Dr Upendra Baxi, Emeritus Professor of Law, University of Warwick 'This is a masterful and original tour de force of the unique normative and institutional frameworks of the African Union's peace-building role in internal conflicts. Dr Abou Jeng demonstrates why UN Security Council led efforts that seek to prop States up frequently fall short of the kind restorative, corrective and preventive peace-building elements that characterize the African Union's peace-building initiatives that begin from the ground-up rather than the other way around.' James Gathii, Associate Dean for Research and Scholarship and Professor of International Commercial Law, Albany Law School 'This study of the impact of international law on conflict and peace-making in the countries of Africa, and vice versa, is an important attempt at providing clarity on a crucial issue for modern Africa as well as for the emerging international order. The book builds on the theoretical foundations of national and international law to examine specific cases of application and practice. The result is a probing inquiry into the internal and external influences generating and constraining political and legal discourse internationall

Chapter

Cover

PEACEBUILDING IN THE AFRICAN UNION

TABLE OF RESOLUTIONS AND DECLARATIONS

ABBREVIATIONS

1 Towards an introduction

International law and postcolonial peace

The quest for alternative approaches to conflicts

Argument and focus of the book

Approach of the book

Structure of the book

2 International law and the Third World

Introduction

Development of international law

Purpose and focus of international law

International law and approaches to peacebuilding

Faultlines of neo-liberal international law approaches

Third World Approaches to International Law

The Third World and the quest for 'relevance'

Evolution and estuaries of TWAIL

Utility of TWAIL to peacebuilding

Conclusion

3 Violence and conflicts in Africa

Introduction

Overview of conflicts in Africa

Causes of internal conflicts in Africa

Historical legacies and burden of inheritance

Ethnic claims as sources of conflicts

Bad governance, politics of exclusion and beyond

Rights violations and the yearning for freedom

Attributes of internal conflicts in Africa

Ramifications of conflicts in Africa

Alternative perspectives on internal conflicts

The ' non-emancipated' postcolonial state

Re-traditionalisation of society

Conclusion

4 International law responses to conflicts

Introduction

International law, the United Nations and internal conflicts

The just war theory: a brief appraisal

Jus ad bellum, international law and the UN Charter

Jus ad bellum and internal conflicts

Intervention and Responsibility to Protect in internal conflicts

Limitations of the contemporary jus ad bellum regime

Embodiment of regional international law in Africa

Background and principles of the OAU

The OAU and internal conflicts

Limitations and failures of the OAU

Structural inadequacies of the OAU

Normative inadequacies of the OAU

Conclusion

5 The genesis of the African Union

Introduction

Normative origins of the African Union

Pan-African ideals and visions

Pan-Africanism during the Cold War

Cold War impact and its aftermath

Fears of globalisation and marginalisation

Transition from the OAU to the African Union

Battle for ideas in the quest for continental reform52

Thabo Mbeki' s African Renaissance

The ALF and the quest for normative formulation

Pan-Africanism and the Ghaddaffi factor

Conclusion

6 Philosophy and structures of the African Union

Introduction

Philosophy of the Constitutive Act

Objectives and principles of the African Union

Structures and institutions of the African Union

Perspectives on the structure of the African Union

The Constitutive Act' s normative shift and peacebuilding approaches

Article 4 and the ' non-indifference' concept

Integrated norms formulation and localisation

Social integration and interdependence

Subsets of the Constitutive Act' s peacebuilding approaches

The Restorative subset

The Corrective subset

The Preventive subset

Conclusion

7 The African Union peacebuilding travails in Burundi

Introduction

Burundi – a historical overview

Civil war and the cycle of violence

International response to Burundi' s crises

The African Union and the Burundi conflict

Arusha Peace and Reconciliation Agreement for Burundi

Structures and operations of AMIB

Normative and institutional assessment of AMIB

Challenges and shortcomings of AMIB

Conclusion

8 The African Union and peacebuilding in Somalia

Introduction

The modern Somali state – an overview

Genesis of violence and conflict in Somalia

International response to the Somali crisis

The African Union and the Somali conflict

Background to the African Union involvement

The AU mission in Somalia (AMISOM)

Prospects and challenges of AMISOM

Transformative peacebuilding in Somaliland

Conclusion

9 Towards an African Union philosophy on peacebuilding?

Introduction

Frames of the book' s arguments

The Constitutive Act as an alternative proposition

Glimmers of hope and promise

Challenges and disjunctures

GLOSSARY OF TERMS

BIBLIOGRAPHY

INDEX

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