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To have a State, four distinct conditions must be met. First, there
must be a community of people, and it matters not whether they
belong to the same color, faith, or ethnicity. Second, there must
be a geographical space, a settlement that this community of people
calls a home. Third, there must be governing authority. And
finally, the government must be sovereign – sovereign in the
sense that it is self-governing and independent of any domestic or
international body. Palestine, Taiwan, and Western Sahara have met
all the forestated conditions -- except for broad international
support and recognition and membership of the United Nations.
However, this has not been the case with Palestine, Taiwan, and
Western Sahara. This edited volume examines some of the endogenous
and exogenous factors that have contributed to the ambiguous and
contested nature of these political entities and argued that the
undermined nature of these entities contributes to regional
instability and global insecurity. And finally, the continued
denial of statehood is a violation of their collective human
rights.
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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