Download Africa and International Organization by Thomas M. Franck (auth.), Yassin El-Ayouty, Hugh C. Brooks PDF

By Thomas M. Franck (auth.), Yassin El-Ayouty, Hugh C. Brooks (eds.)

As an rising Continent, with a wealthy earlier, dynamic current and promising destiny, Africa has a major position to play within the increase­ ment of foreign association. good ahead of Africa yr, 1960, whilst numerous African States attained their independence and their rightful position locally of countries, some of the routine for team spirit and co-operation strove in the direction of the production of local overseas association. Now greater than ever ahead of, approximately rankings of African States, participants of the United countries, the association of African harmony and several sub-regional companies and preparations, glance upon foreign association as an incredible ability for guard­ ing their independence, improving African id, forging collabor­ ative bonds among themselves and with the surface global, and rais­ ing the traditional of dwelling for his or her populations. it's going to even be famous that the age of technology and know-how that's, and may be, in keeping with overseas co-operation, stimulates fur­ ther Africa's wish to enhance and paintings via overseas inter­ governmental enterprises. As Africa faces the I970's, confronting the middle difficulties of colonial­ ism and apartheid in its southern components, she seems to be upon the United countries and the association of African harmony because the major automobiles for idea and motion. For those issues, the current ebook because of the St.

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The argument submitted by the colonialists to the effect that colonialism was legal, in so far as the Charter recognised it, was unacceptable. The nationalists retorted that the Charter, being the child of realism, merely prescribed a winding-up programme to remove an illegality established by history. Foreign domination or colonialism were not consistent with the aims and purposes of a Charter which "reaffirms" faith in fundamental human rights, in the dignity and worth of the human person, in equal 42 PAUL BAMELA ENGO rights of men and women and of nations large and small".

Article 38 (e). PEACEFUL CO-EXISTENCE AND FRIENDLY RELATIONS 33 idical doctrines and norms were to be recognised as forming an international "ordre public". The I949 Geneva Conventions on the protection of war victims also alude to "the usages established among civilised peoples" in relation to the "the principles of the law of nations". The language here appers to have been drawn from the Preamble to the Hague Conventions on the Laws and Customs of War on Land (I907 and I899) which read: Until a more complete code of the Laws of war can be drawn up, the High Contracting Parties deem it expedient to declare that, in cases not covered by the rules adopted by them, the inhabitants and the belligerents remain under the protection and governance of the principles of the Law of nations, derived from the usages established among civilized peoples, from the laws of humanity and the dictates of the public conscience.

In any case, the adoption of one practice in a body of rules does not necessarily mean the acceptance of the whole. This problem is best illustrated in economic relations among states. As to the "judicial decisions and the teachings of the most highly qualified pUblicists of various nations", those opinions must now be examined together with those of the African and Asian scholars who have emerged. The views of the latter would not be of much value if 3 4 Statute ojtke Inte1'national Court oj Justice, Article 38 (b).

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