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Peter Brett - Africa and the Backlash Against International Courts

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Peter Brett Africa and the Backlash Against International Courts
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At the start of the twenty-first century the story of Africas engagement with international law was one of marked commitment and meaningful contributions. Africa pioneered new areas of law and legal remedies, such as international criminal law and universal jurisdiction, and gave human rights jurisdiction to a number of new international courts. However, in recent years, African states have mobilised politically and collectively against the regional courts and the International Criminal Court, contesting these institutions authority and legitimacy at national, regional and international levels.Africa and the Backlash Against International Courts provides the first comprehensive account of this important phenomenon, bringing together original fieldwork, empirical analysis and a critical overview of the diverse scholarship on both international and African regional courts. Moving beyond conventional explanations, Brett and Gissel use this remarkable research to show how the actions of African states should instead be seen as part of a growing desire for a more equal global order; a trend that not only has huge implications for Africas international relations, but that could potentially change the entire practice of international law.

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ABOUT THE AUTHORS
Peter Brett is a senior lecturer in international politics at Queen Mary University of London. He teaches the politics of international law and Africas international relations. His research focuses on the politics of rights and the judiciary, with a particular interest in Southern and West Africa.
Line Engbo Gissel is an associate professor at Roskilde University. She teaches global governance and human rights. Her research focuses on the politics of transitional justice, the role of the International Criminal Court in East Africa, and the relationship between peace and justice.
AFRICA AND THE BACKLASH AGAINST
INTERNATIONAL COURTS
Peter Brett and Line Engbo Gissel
Picture 1
Africa and the Backlash Against International Courts was first published in 2020 by Zed Books Ltd, The Foundry, 17 Oval Way, London SE11 5RR, UK.
www.zedbooks.net
Copyright Peter Brett and Line Engbo Gissel 2020
The right of Peter Brett and Line Engbo Gissel to be identified as the authors of this work has been asserted by them in accordance with the Copyright, Designs and Patents Act, 1988
Typeset in Plantin and Kievit by Swales & Willis Ltd, Exeter, Devon
Index by Rohan Bolton
Cover design by Steve Marsden
Cover photo Dieter Telemans / Panos Pictures
Printed and bound by CPI Group (UK) Ltd, Croydon, CR0 4YY
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of Zed Books Ltd.
A catalogue record for this book is available from the British Library
ISBN 978-1-78699-298-7 hb
ISBN 978-1-78699-297-0 pb
ISBN 978-1-78699-299-4 pdf
ISBN 978-1-78699-300-7 epub
ISBN 978-1-78699-301-4 mobi
To Myriam and to Maya and Milan CONTENTS ACHPR African Commission on - photo 2
To Myriam, and to Maya and Milan
CONTENTS
ACHPRAfrican Commission on Human and Peoples Rights
ACPAfrican, Caribbean and Pacific
ACrHPRAfrican Charter on Human and Peoples Rights
ACtHPRAfrican Court on Human and Peoples Rights
AFPRCArmed Forces Provisional Ruling Council [The Gambia]
ANCAfrican National Congress [South Africa]
AUAfrican Union
BITbilateral investment treaty
BRICSBrazil, Russia, India, China and South Africa
CARCentral African Republic
CCMChama Cha Mapinduzi [Tanzania]
CDPCongrs pour la Dmocratie et le Progrs [Congress for Democracy and Progress, Burkina Faso]
CEAOCommunaut conomique de lAfrique de lOuest [Economic Community of West Africa]
CFUCommercial Farmers Union [Zimbabwe]
COMESACommon Market for Eastern and Southern Africa
DFIDDepartment for International Development [United Kingdom]
DRCDemocratic Republic of the Congo
EACEast African Community
EACAEast African Court of Appeal
EACJEast African Court of Justice
EAEUEurasian Economic Union
EALAEast African Legislative Assembly
ECEuropean Commission
ECCASEconomic Community of Central African States
ECCJECOWAS Community Court of Justice
ECHREuropean Convention on Human Rights
ECJEuropean Court of Justice
ECOMOGEconomic Community of West African States Monitoring Group
ECOWASEconomic Community of West African States
ECtHREuropean Court of Human Rights
EECEuropean Economic Community
EFFEconomic Freedom Fighters [South Africa]
EUEuropean Union
ExACExtraordinary African Chambers
FCOForeign and Commonwealth Office [United Kingdom]
FDCForum for Democratic Change [Uganda]
FDIforeign direct investment
FIPFinance and Investment Protocol [SADC]
FPIFront Populaire Ivoirien [Ivorian Popular Front]
FTLRFast-Track Land Reform [Zimbabwe]
GATTGeneral Agreement on Tariffs and Trade
GIZGerman Society for International Cooperation
GOZGovernment of Zimbabwe
ICCInternational Criminal Court
ICJInternational Court of Justice
ICSIDInternational Centre for Settlement of Investment Disputes
ICTRInternational Criminal Tribunal for Rwanda
ICTYInternational Criminal Tribunal for the Former Yugoslavia
IGADIntergovernmental Authority on Development
IGADDIntergovernmental Authority on Drought and Development
IMFInternational Monetary Fund
ISDSinvestorstate dispute settlement
ITLOSInternational Tribunal for the Law of the Sea
LGBTlesbian, gay, bisexual and transgender
MDCMovement for Democratic Change [Zimbabwe]
MPMember of Parliament
NAFTANorth American Free Trade Agreement
NARCNational Rainbow Coalition [Kenya]
NATONorth Atlantic Treaty Organization
NCTNational Council for the Transition [Burkina Faso]
NGOnon-governmental organisation
NIEONew International Economic Order
OAUOrganisation of African Unity
ODMOrange Democratic Movement [Kenya]
OECDOrganisation for Economic Co-operation and Development
OHADAOrganization for the Harmonization of African Business Law
OHCHROffice of the High Commissioner for Human Rights
OICOrganisation of Islamic Cooperation
OPECOrganization of the Petroleum Exporting Countries
P3Permanent Three
PCAPermanent Court of Arbitration
PDGGProtocol on Democracy and Good Governance
PTAPreferential Trade Area for Eastern and Southern Africa
RSPRgiment de Scurit Prsidentielle [Regiment for Presidential Security, Burkina Faso]
SADCSouthern African Development Community
SADCCSouthern African Development Coordination Conference
SALCSouthern African Litigation Centre
SCCSpecial Criminal Court [Central African Republic]
SCSLSpecial Court for Sierra Leone
SWAPOSouth West African Peoples Organisation
UDHRUniversal Declaration of Human Rights
UKUnited Kingdom
UNUnited Nations
UNCLOS
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