Emergence and Resurgence of Integration in Historical and Theoretical

Perspectives E.B.
1. Integration
The world has experienced both the emergence and resurgence of regional integration. It
has also experienced regional integration and fragmentation in many forms. Generally,
fragmentation precedes integration. But sometimes already integrated areas are
dismantled. This was the case with Christendom which was disintegrated during the
formation of the Western Modern State. It was the case with Africa in the processes of
creating the African Modern Nation State. It is a recent case with the Soviet Union. The
difference lies in who is dismantling, how, and why. This either makes integration
positive and fragmentation negative or both positive. This dichotomy is marked by
positive forces being behind integration and negative forces behind disintegration.
Generally, positive forces are internal while negative forces are external. Elsewhere, I
have rendered this quandary with the idea of an egg. Force from within an egg makes the
egg hatch. Force from outside breaks it. I have demonstrated it with the successes of the
Asian Tigers which were either not penetrated due to resistance or abandoned due to lack
of raw materials. The two scenarios share the opportunity of being left free to think and
develop.
This uninterrupted thinking is the force from within in contrast to external forces that
have broken Africa due to the abundance in natural resources. It is due to the same
predicament that would be lucrative resources like oil are said to be a curse instead of a
blessing. Resources invite destructive external forces. Emphasis on regional integration is
for the reversal of this anomaly. Integration creates synergies for development. With
political and economical integration, ´Africa´ can carry out intra-trade and trade with
other countries and regions to replace the grants intended for the dependency syndrome
and the loans given with clear knowledge that they cannot be serviced thus, handing over
the borrower into the captivity of the lender. Regional integration is good medicine for
the one-sided ´encounter´ between the continent and other parts of the world. With
political and economic independence regional integration triumphs. Colonial powers and
other societies superior politically, economically and militarily can only be confronted in
unity. Being that superior, they loot resources of weaker societies like Africa at will and
hinder proper trade and the opportunity of added value that would see super powers
emerging out of the suffocated parts of the world.
While colonial powers still control their colonies in many ways, particularly in Africa, the
emergence of multinationals has made matters much worse. These operate incognito.
Their ´invisible hand´ cannot be traced. So, they cannot be held countable. Sometimes
they confuse countries in such a way that one company signs agreements with a
government and a ministry in the same country and gives out the money the country
cannot pay back. The company then sells the deals to another company to chase payment.
See the recent case of Mozambique. To make matters even worse, as the continent is
looted left, right and centre, the silence of the international community prevails, giving
the impression that the name of exploitation beneficiaries is ´legion´.

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 2. Fragmentation:
a. With this background, we find scholars who study ´movements´ or phenomena of
integration and fragmentation in the contemporary world wring in restricting
fragmentation to the recent plight of former Soviet Union and the end of the Cold
War, disregarding ´Africa´ which has had the unfair lion´s share in the
fragmentation and disintegration of the formerly integrated indigenous
civilisations that led to human development. There is a general mistake of limiting
development to scientific and technological advancement disregarding human
development. This, ipso facto, ignores human values in preference to material and
monetary values. Similarly, civilisation is often shifted from human maturity and
humane relationships to technical, mechanical and artificial achievements and
relations. In this artificial way of life, what is true is not what people believe but
what they agree upon even when the assumed agreement is through duress.
Emphasis is on the head. The heart is closed, ignored and even forgotten. Truths
have replaced Truth.

b. In the West, this disregard of humanity came with ´modernism´, ´enlightenment´,

´positivism´, ´analysis´, among other movements that promoted science and
technology and relegated human values to the back bench or even through them
out of the window. In Africa, the disregard is attributable to the ´justification
theories´ of colonialism and colonisation, such as conversion and ´civilisation´. As
such, the unforgivable crimes against humanity associated with the invasion are
covered up as positive and necessary to liberate the people from ignorance and
backwardness. People have no right to be uncivilised. In the Western sense one
can say mechanical and artificial. This led to the unfortunate dismantling of the
indigenous societies and their true and formidable civilisations. The continent was
dubbed ´Africa´ with negative nuances. The disregard is deliberate. Admitting the
people´s religiosity, civilisation, development, etc. goes counter to the purported
reasons for the invasion even when the denial contradicts the clear evidence of
civilisation
i. in terms of the humane treatment of people (Buntu) vis-a-vis the inhuman,
valueless, greedy and ruthless ´modern´ behaviour
ii. in terms of material development as evidenced by the African stolen
artifacts still being viewed at a cost in Western musiums and other places -
public and private.
iii. in terms of religiosity as African knowledge of God and religious practices
are incomparable to ´Western paganism´ see Fr. Joachim (Rtd.) How could
the `Godless´ bring God to the God-fearing people?
iv. in terms of the economy that was for all unlike individualistic capitalism
which has destroyed human values with resounding results. Circumspice!
Question: Critically assess the limitation of fragmentation to the end of the former Soviet
Empire and the collapse of one of the post-war superpowers with special reference to such
´justification theories´ as transition from autocracy to democracy. Pay special attention to
Africa to critically assess the justification theories advanced for its invasion and how foreign
interference continues to be in the way to development by hindering political and economic
independence strategically intended to emerge from regional integration.

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 - What, actually, is democracy?
- What is governance?
- What are human rights?
- See other hinderances deliberately placed in the way to economic and
political independence of the exploited

3. Emergence and Resurgence of regional integration

The past war period marked the emergence of regional integration in the world. In the West,
there was a need for political and economic unity to recover from the war destruction.
Elsewhere, the weakened colonial powers paved the way for decolonisation. Thus, in addition
to the European Union, the developing world like Latin America and Africa embraced
regional integration as a means of effecting inward-looking growth. The newly independent
and those aspiring for political, economical, military and other successes needed regional
integration. However, most of these schemes became moribund or collapsed due to lack of
political independence to defend them and the economic means to implement them. They
remained a dream or mere wishful thinking. This was made even worse by the 1970s and
1980s multilateral liberalism which contributed to the decline of regionalism world-wide.
The resurgence of regionalism started around the second half of the 1980s. The slow nature
of the GATT Uruguay Round Negotiations was the origin of the ´new regionalism´. Thus, EU
initiated establishing a Single European Market. USA negotiated the North American Free
Trade Agreement (NAFTA). Its Enterprise for the Americas Initiative led to the Free Trade
Area of the Americas (FTAA). In Latin America the Central American Common Market and
the Andean Pact together with MERCOUR were created. In Asia, ASEAN worked on an
ASEAN Free Trade Area (AFTA). The South Asian Association for Regional Cooperation
agreed in 1997 to transform itself into the South Asian Free Trade Area. The Asian Pacific
Economic Cooperation (APEC) committed to trade liberalisation objectives on a non-
preferential basis. In Africa, the world´s oldest Customs Union was formed in South Africa.
2000 at the 36th OAU Summit in Lome, Togo, formation of an African Economic and
Political Union was accelerated.
Current trends in regional integration emanate from new experiences and challenges.
Generally, law emerges from the dynamic social realities. That is why it ever changes. New
and unresolved old challenges call for new approaches, management strategies, and
regulation. In Africa, debates on the ´United States of Africa´ and other ´inward-looking´
approaches tend to be overwhelmed by globalisation. Locally initiated co-operations appear
to be too many and overlapping, thus creating implementation and management problems.
Financial and human resources to implement them are not easily found. Challenges of
harmonisation of laws, domestication of economic agreements, and other regional integration
issues abound. Foreign markets and policies continue to dominate. In order to facilitate
integration in Africa, new partnerships such as “soft” laws or mechanisms like NEPAD and
APRAM have been initiated. In East Africa a need to move faster than the bureaucratic and
lofty integration initiatives has created such initiatives as EAC Bicycle Tour (Tour d´EAC) to
mobilise young people in the region to ride round their countries in order to promote
awareness of their cultures, wildlife, landscapes, and savannas thus promoting unity and local
tourism. According to theafricareport of March, 2020, among the eight regional economic
organisations recognised by the AU, EAC stands tall in terms of integration. In 1999 EAC

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GDP was 20 bn dollars. By 2015 it had shot to 75 bn. Its market population of 130 million
has been boosted by expanding from the original three to six countries. African Development
Bank Report reveals that the economic growth in East Africa is surging ahead of other
regions at close to 07% while the rest of Africa is “cautious, but positive”. Manufacturing and
job creation, establishment of free trade areas, a customs union, a common market, partially
attained free movement of people, and looking to establish a monetary union by 2024 are
further successes of the Community. However, theafricanreport also warns of ´cracks´: “A
mixture of rivalry and diverging national interests are driving the ´creation of non-tariff
barriers´, which curb progress”.
The problem with Europe, unlike the African interference, there are ´designed flaws baked
into the EU´, e.g. EU is authoritarian. Each state is its own master. This creates too much
decentralisation for quick, bold, and decisive action, unlike USA under its first Constitution,
the Articles of Confederation which made USA comparable to the Holy Roman Empire.
Besides the ´too many cooks in the kitchen´ flaw, Ratification of Treaties requires unanimous
decision among members states. Thus, when in 2005 the EU Treaty was signed, referenda
were held in member states. The Treaty which had been ratified by 18 out of 25 member
states was defeated by “No” Votes in referenda in the Netherlands and France. Decision
making in EU is a challenge. The next challenge is bickering when EU faces a crisis, e.g. in
the Greek Debt Crisis, the 2015 Refugee Crisis, and the current idea of issuing “coronabands”
to help Italy during the Covid-19 pandemic. While Spain, France, et alt. Are in favour,
Netherlands and Germany are not. The other challenge is cultural. This affects mainly
Germany which has the capacity to sway the continent and other parts but has no appetite for
military intervention due to its history. Its constitution after Hitler also makes supra-
nationality a problem.
4. Regional Integration and Conflicts/Wars
The emergence of regionalism was part of the aftermath of WW I and WW II. Later, in many
parts of the world, such as South America, Southern Africa, South Asia, South Eastern Asia,
etc. Regional integration has been promoted as a tool to reduce inter-and intra-state conflicts.
L. Varonko, in Regionl Cooperation: Conflict Prevention and Security shows that processes
of regional economic cooperation and integration started in order to prevent their
transformation into a military conflict or ´hot war´. According to L.L. Webster, in Regional
Integration and Conflict Prevention, UNU Comparative Regional Integration was a program
that would prevent European war between France and Germany. Stefanova (2006) in
Regional Integration as a System of Conflict Resolution demonstrates the post-world war
order in Europe as a working alternative and an extension to regional conflict resolution.
Shaheen Rafi Khan, in Regional Trade Integration and Conflict Resolution demonstrates was
designed to promote economic recovery and integration in the war-devastated Balkan region.
J.M. Biswaro confirms the positive view of regional integration in The Role of Regional
Integration in Conflict Prevention, Management, and Resolution. While the majority praise
regional integration, Abdelawahab El-Affendi (2009), in Perils of Regionalism: Regional
Integration as a Source of Instability in the Horn of Africa? finds that regionalism can
promote regional inequalities and wealth disparities whose tension can build up into conflicts.
Whether they are positive or negative, however, regional integration is part and parcel of
international law. According to Adama Bah, in Civil Conflicts and Regional Integration in
Africa, conflicts are a major challenge to the economic development of a country. Although it

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is an intrastate dispute, civil conflict has also an impact on the neighbouring countries. It can
be a source of regional distabilisation that consequently impedes regional economic growth.
5. Regional Integration and International Law
a. International law
The classical definition of international law by Jeremy Bentham has been modified due to
new social phenomena, events, and challenges. Why does it continue to hold for regional
integration?
b. Regional Integration
Integration may be carried out with neighbouring countries through either formal or informal
institutional frameworks towards cooperative decision-making and shared sovereignty:

A. Europe
The need for discussing regional integration in the context of International law arises due to
the idea of ´shared sovereignty´, specifically the International Law aspect of Actors:
Personalities of Law as these entities are the persons responsible for planning and
implementing integration. In creating regional integration, states act as legal persons. We
discuss legal personality under Europe because of the historical emergence of the Modern
State therein.
a) Under the law, a legal person is:
i. One who carries out legal and binding transactions
ii. one capable of suing and being sued
iii. One who has rights, duties and liabilities
b) Law governs entities and individuals from two stand points:
Subject: persons
Objects: not persons
c) Persons under the law may either be natural or juridical:
i) National law: individual beings are primary subjects of the law.
ii) International law regulates states relations i.e. juridical or artificial persons. These are
the primary subjects of international law and are, therefore, ultimate persons in that
law.
iii) National law creates cooperate persons e.g. companies.
iv) Persons under national law do not have equal rights, liabilities and capacity e.g. adults
and minors. Vide civil rights and civil liabilities. Judges are of different capacities in
different jurisdictions.
v) But, states are sovereign, irrespective of any differences, e.g. size or capacity.
vi) Integration, therefore, implies

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  Sovereign states forming a high organisational political level for better security
and protection, among other issues. This political cooperation is supra-national
 Smaller organisations within states may also need to integrate for better
performance. Like states, these organisations have their formation and legal status.

Creation of New Personalities (in Addition to State Actors)

Background: in the mid 20thc. there was economic interaction between states as a need to
increase the competence of international organisations to affect the international order of the
states.

1. 1951: European steel and coal community. France, West Germany, Belgium, Netherlands
and Luxemburg agreed to create a new community to govern their steel industries and
coal resources and to make decisions affecting citizens of states without consent of
legislative structures in these states.
2. 1957 and 1958: European atomic Energy commission i.e. Euratom obtained central
powers over emerging atomic energy sector in member states to treaty.
3. 1958: European Economic community (EEC) Treaty of Rome to govern all economic
relations and create a European market –except Britain, Spain, Scandinavian countries,
Portugal, Austria and Switzerland.
- European Commission (Brussels)
- European Council of Ministers
make decisions applicable in jurisdiction of member states.
4. European Parliament: Strasbourg
5. European Court of Justice
6. Commissions, Councils…European community (EU)
7. European Community Act.
- Surrender sole sovereign right as sole sovereign service of law.
- 1972: British parliament, for the first time since 1688, agreed to surrender power
but the current BREXIT threatens their continued existence in the EU.
8. 1990S EU maintained institutions of the former community hence the creation of:
a) European Monetary Union
b) New currency: Euro (Britain retained the Pound, respect for the Queen, and other
cultural considerations). See also Switzerland and Norway.

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 c) Schengen Agreement: European common immigration law: One visa to enter all. See
the subsequent issues that partly led to BREXIT.
d) European Defence policy for Union.

Methods of Creating New International Personalities

There are two ways of creating new legal personalities

1. New legal personalities expressly created by organizations in the ´founding document
´:
a. FAO Charter, Art. 15(1)
b. IMF Treaty Art.9 (2)
c. WB Treaty Art. 8(2)
d. Treaty of Rome Establishing EEA Art.210
e. Treaty Establishing Steel and Coal Community, 1951
f. Euratom Treaty, Art 101
2. Legal Personality of international Organizations Implied by the Nature of the
Organization
United Nations
a) UN Charter Art. 104 provides for the legal capacity of organizations to perform their
functions and fulfil their purposes in member territories.
b) UN status: US delegation chairman observed Art: 104 did not deal with UN legal capacity
because the San Francisco Conference was kin to ensure that UN was a Super State.
c) i. Case/Problem: 1948, Count Bernadotte, UN Mediator, was murdered in Palestine by
Israel Terrorists.
ii. UN asked ICJ for advisory opinion as to whether
- UN as an organization had capacity to sue state that injures its (UN’S) agent.
- How action by UN would be reconciled with rights of the state of which the agent was a
national.
- Whether UN could bring claim against a non-member state.
3. Holding.
a. International competence to bring a claim belongs to states
b. Subjects of law in any legal system are not identical in nature and extent of rights.
c. Their nature depends on needs of international community

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 d. Need for collective action among states had led to the rise of entities other than the
states recognized by international law.
e. Ct. analysed UN charter. True nature of UN includes:
i. maintenance of peace and security as a key function
ii. capacity to summon and conclude conventions
iii. political nature of UN
iv. UN role in solving economic, social, cultural and humanitarian problems.
v. enjoyment of immunities akin to those of states.
f. Conclusion: Personality of an organization depends on the nature of its functions
and powers as provided for in its constitution.
g. UN had power to present international claims for injuries by its servants.
h. Doctrine of Implied Powers: not expressly provided for (in the Charter) but essential
for duties and functions performance.
i. Principles of Diplomatic Protection i.e. states diplomatic right to protect its
nationals does not prejudice UN’s right to claim injuries for agents serving in its
operations.
j. Reparation for Injuries suffered in UN Service Case, ICJ 1949 is the ‘locus
classicus’ of international law.
NB. No competence of an organization like. UN, to make decisions in internal legal order of
states, i.e. cannot make decisions that would change municipal laws of any country.
UN Organs
1) GA
2) SC
3) ECOSOC
4) Trusteeship Council
5) International Court of Justice (ICJ)
6) UN Secretariat
Question: UN organs were established in 1945.
a. What successes have they made in terms of regional integration?
b. What challenges do they face in this regard?
c. What changes in them have taken place ever since?

Constitutions of the international organizations as forces of the internal legal order of the
organization and how they affect regional integration.
1. Internal jurisdiction is deliminated by the Treaty establishing the organization.

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 2. The internal order is protected from external interference by rules of the Constitutive
Treaty.
3. The constitution defines
a. Organs of organization cf. organogram
b. Procedures for decision making etc.
c. Relationship between organization and members, and non members
d. Exclusive organic jurisdiction cf. territorial jurisdiction
e. Agreement establishing an international organisation in a state
f. Laws, elsewhere, establishing immunity of organization
g. Power to create internal organs
Question: Must all organizational activities be justified by constitution? See following cases
which hold that express and implied powers are the basis of organisational activities:
a. reparations case: purpose of organisation is direct and indirect
b. Tribunal case: powers may be implied
c. European commission of the Danube: definitive statute and power to excise
purpose fully. Statute does not impose restriction upon itself.
d. Competence of ILO cases:
i. agriculture cannot be excluded from generic meaning of ‘industry’. ILO’s mandate
(1930s)
ii. labour ILO: regulate employers’ work to fulfil its global mandate to manage labour.
e. UN expenses: UN charter: no peace keeping force expenses provisions
Held: expenses are legitimate – peace and security are in UN mandate. Cf. Ch. 7

Examples of Functionality of organisations in Relation to the above cases.

1. GA and SC
Cold war. Rivalry and Veto Power
a. Security Council failed to function
Exceptions: after 1950 Korean expedition, came the UNGA ‘uniting for Peace Resolution’,
i.e. decision: if SC fails, GA must act.
a. 1950, UN forces to North Korea (Temporally withdraw of Soviet Union)
b. 1956 Suez crisis: paralysis in Security Council, GA sent peace keeping
forces to Sinai to separate Egyptians and Israelis forces. (No shooting order)
c. 1960: Civil War in Congo, peace keeping forces sent to stop cessation.

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 iii. France and Soviet Union vs peace keeping forces on 2 grounds:
a. Unconstitutional. Usurpation of SC roles
b. Expenses illegal
iv. GA sought Opinion of Court. See Certain Expenses of UN Opinion Case
v. Holding
3. Trustee Council
From 1945 to 1994, the 11 Trustee Territories placed under 7 member states to prepare for
self-government and independence became free. On 01.11. 1994 Trustee passed a resolution
amending annual to meeting as occasion required by its decision, President’s decision, or
majority of its members or GA or SC.
International and Regional Human Rights Law
Examine the emergence, constitution significance of the following regional organisations.
1. European
2. Americas
3. Africa –pay special attention to ‘African Charter on Human and Peoples’ Rights’
(ACHPR). Where do you see the marked difference and why?
4. Asian
5. The Americas
6. Find out why there are fewer socialist common markets of soviet countries
7. BRICS
8. ECOWAS
9. SADC
10. EAC
11. What is the Chinese “Belt and Roads Initiative”?

B. Debate on Nature of Regionalism

a. Regionalism is a response to globalisation and a reaction to the diverse aspects of
global processes in their entirety. Globalisation has positive and negative impact
on countries. Countries respond to the negative impact through regionalism as
both a defensive and an offensive strategy.
b. Regionalism emerges from the internal dynamics of the region and the
motivations and strategies of regional actors
c. There many models of regionalism in the world, with no dominant paradigm for
all to subscribe (Fawcett and Hurrell, 1995, 36)
d. Distinct patterns and forms of regionalism are shaped by internal regional
dynamics on the one hand, and on the other by external pressures such as
globalisation, instability, security threats (both internal and external) and

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 increased competition. These affect the behaviour and strategies of both economic
and political actors. Regional actors seek solutions to common problems through
collective actions and decision-making to foster enhanced regionalism.
e. There is diversity of practice that is evident in different parts of the world
f. There is a mixed record of success apparent in different regional groupings
g. Some countries fail to engage in successful cooperation (why?)
h. Some cases of regionalism make little progress beyond the initial stage of treaty
(why?)
i. Success or failure may be due to
- Attitudes towards cooperation by individual states
- Motivation to go ahead with policy or reject it
- Economic and political motivation
- Identity and self-perception

C. Summary of Ideas on Regionalism

1. Historical and different theoretical perspectives
a. Historical context:
i. Definitions of regionalism
ii. Prospects and possibilities in the regional phenomenon
iii. Critical success factors behind forms of regionalism
iv. Failure of some regional efforts
v. The African case
b. Theoretical perspectives:
i. International relations theory
ii. Globalisation
iii. Pressures and demands of global capitalism
iv. Intra-regional theory
v. Power-political factors in regionalism
vi. Economic theory
vii. Theory on optimum currency areas

2. Concrete issues related to contemporary regionalism:

a. Security
b. Identity
c. Monetary cooperation
d. Macro-regionalism
e. Micro- regionalism
f. Regional cooperation challenges and obstacles

3. Cases of regionalism in different parts of the world

a. How and whether regionalism can address or correct globalisation excesses
through law, particularly enhanced constitutional framework
b. Case for a constitutional order
c. Need to apply a legal-regulatory order based on principle of subsidiarity
d. Specific areas´ experiences (Mark comparisons and contrasts)
i. North America

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 ii. Europe
iii. Canada
iv. Mexico
v. Middle East: pan-Arabism
vi. Asian regionalism
vii. South Asia:
- India
- Pakistan
viii. Africa: a special case

4. Review of regionalism in world order

a. Nature of contemporary economic regionalism
b. Economic regionalism produces winners and losers
c. Conditions required for regional financial cooperation par economic theory
d. Constraints imposed on governments and monetary authorities
e. Monetary union

5. Key issues in contemporary regionalism

a. Regionalism and the global order
b. Diversity of regionalism
c. Countries´ engagement with global economy
d. International order vis-a-vis regional grouping
Question: `The proliferation of regionalist arrangements raises complex and difficult
questions concerning the character and maintenance of international order... in both the
politico-security and politico-economic spheres questions of stability and order are closely
bound up with the relationship between regionalist institutions and arrangements on the one
hand and global or multilateral bodies on the other´ par Fawcett and Hurrell, 1995, 4. Task:
Discuss this statement with reference to Africa.
By end of 18th c. politicisation of law had taken root. The new military thought was law at
any cost. War was justified without morals. See von Clausewitz, On War, Burckhardt, Jacob
(1818 – 1897), John Rapport, History and Nature of War, Beest, Humanity in Conflict. So, in
19th c. war was a legitimate instrument.
The next turning point was the WWI atrocities due to scientific and technological
development. Mass murder weapons (graduation from gun and canon to machine guns,
tanks, aircraft, etc. with fast transport, war was transformed from being between enemy
soldiers only (see soldiers vs national rebellion, e.g. France) to targeting populations,
property, environment and other things blindly hit. The strategy was to force the population
to turn against the regime being fought. War continued to evolve till guerrilla warfare,
propaganda, among other sophisticated means of confusion and destruction. The subsequent
excesses of wars led to laws to outlaw war:
1919 Covenant of the League of Nations
1928 Treaty of Paris (The Briand Kellogg Pact)

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1945 adoption of UN Charter, ‘The members of the organisation shall abstain, in their
international relations, from resorting to the threat or use of force…’
Exceptions:
1. Individual or collective defence in response to aggression by another state (or group
of states)
2. UN SC (on basis of Ch. VII of the Charter, i.e. collective use of force in response to
threat to peace, breach of peace, act of aggression
3. Art. 89 of Protocol of 08.06.1977 Additional 1 to Geneva Conventions: ‘High
Contract Parties jointly or individually to act with UN and in conformity with UN
Charter.
4. 2008 Global Centre for Responsibility to Protect (R2P). Principle: international
community not to fail again in the event of such calamities as genocide. 2005 adopted
by heads of state sitting as UN GA. s of the organisation shall abstain, in their
international relations. R2P is not an immerging norm, but a solemn promise by all
leaders to all endangered people. R2P uses diplomacy, humanitarian means, other
peaceful means, and force in consultation to SC.
5. ICRC in accordance with the Neutrality Principle is netither for nor against R2P, but
R2P must respect International Humanitarian Law.

D. Africa´s Failure in the Regional Integration:

* Most impoverished region in the world, but unlike ASEAN, failed to achieve economic
development for over thirty years due to the overlapping membership of many countries in
several regional organisations
* Consequences:
- growing poverty
- diseases, e.g. AIDS, Malaria, etc.
- almost total marginalisation in the world economy
- donor aid fatigue
- general endorsement of neoliberal economic policies on the part of
international institutions
* Due to these consequences, in 2001 African Union Treaty re-endorsed Kwame Nkrumah´s
idea of pan-African unity
* For the same reasons the New Partnership for Africa´s Development (NEPAD) was formed
* Realising that globalisation had not been beneficial to Africa, leaders thought of - collective
action in the form of enhanced regional integration
- institutionalised cooperation
- informal cross-border initiatives emerging through public/private activity
under micro-regionalism

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 Special Attention To EAC
i. Colonial period: East Africa Community High Commission (1948) ‘EACA’
covering Aden, Somalia etc. till 1930s and 1940s. Common services included
railways, harbours, meteorology, airports, higher education, flying schools and
research centres.
ii. Independence: The 1948 High Commission became East Africa Common
Services Organization (EACSO) which continued to run services inherited
from colonisation.
iii. 1967 Common Services gave way to East Africa Community (EAC) with the
following institutions:
- Authority composed of Head of States
- Council of Ministers
- East African Community Parliament
- Secretariat of East African Community
- Various specialized organizations
- Court of Appeal (EACA)
Question: Rewrite the history of the East African Community till its collapse, pointing out
why and how it collapsed, its revival, and SWOT analysis
Clues: - Supra-nationality vis-a-vis Nationality
12. Okunda v. Republic (1970)
13. East Africa Community v. Republic (1970)

Question: Compare and contrast the Modern Western and African Nation State.
Readings
Hall
Lawrence
Openheim

E. Regional integration and the Nature of War

Questions: What is war? Distinguish between jus ad bellum, jus in bello, and jus post
bellum.
Jus in bello
Distinct from jus ad bellum. It is beyond justification or prevention but in real war situation

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regulates conduct of parties enged in the armed conflict
Synonymous with IHL
Minimises suffering in itself and, therefore, protects all victims in the greatest extent possible.
Law of Neutrality
Laws concerning rights and duties of neutrality
1. 1856 Declaration of Paris
2. 1907 Hague Convention V (neutrality in land war)
3. 1907 Hague Convention XIII (neutrality in maritime war)
4. Key Rights:
a. right of territorial integrity
b. no operation base (civil warfare)
c. no engagement in hostilities
d. diplomacy with fellow neutrals
e. commercial activities with neutrals
Problems:
- tools of war (ballistic space missiles, satellites)
- above national borders
- economic issues affecting citizens
Cases: WWI and WWII:
1. Germany invasion of Belgium
2. Italian invasion of Greece
3. British occupation of Iceland
4. US 1941 Land Lease Act
5. SC ‘calls upon’ states to fight, Arts. 41, 48 (3)
*Switzerland’s neutrality, dating from 16th c. became law in 1815.
Jus post bellum
Alberico Gentili
Francisco Suarez
Immanuel Kant
Hersch Lauterpacht (humanist)
Jens Iverson, “Role and Contours of a Contemporary Jus Post Bellum”, a Ph.D. Dissertation.
Jus post bellum contributes to just and sustainable peace in the process of transition.

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 F. Self-Determination
The right of a people to self-determination is a cardinal principle in modern international
law (commonly regarded as a jus cogens rule), binding, as such, on the United Nations as
authoritative interpretation of the Charter's norms. It states that a people, based on respect for
the principle of equal rights and fair equality of opportunity, have the right to freely choose
their sovereignty and international political status with no interference.
The concept was first expressed in the 1860s, and spread rapidly thereafter. [4][5] During and
after World War I, the principle was encouraged by both Vladimir Lenin and United States
President Woodrow Wilson. Having announced his Fourteen Points on 8 January 1918, on 11
February 1918 Wilson stated: "National aspirations must be respected; people may now be
dominated and governed only by their own consent. 'Self determination' is not a mere phrase;
it is an imperative principle of action."
During World War II, the principle was included in the Atlantic Charter, signed on 14 August
1941, by Franklin D. Roosevelt, President of the United States, and Winston Churchill, Prime
Minister of the United Kingdom, who pledged The Eight Principal points of the Charter. It
was recognized as an international legal right after it was explicitly listed as a right in the UN
Charter.
The principle does not state how the decision is to be made, nor what the outcome should be,
whether it be independence, federation, protection, some form of autonomy or
full assimilation.[9] Neither does it state what the delimitation between peoples should be—
nor what constitutes a people. There are conflicting definitions and legal criteria for
determining which groups may legitimately claim the right to self-determination.
By extension the term self-determination has come to mean the free choice of one's own acts
without external compulsion.
Principles:
- State equality (Micronesia to ‘Macronesia’)
- Non Interference. No state has authority to tell another state how to conduct/control its
internal affairs. Only embarrass,
Exceptions:
a) Human rights: international community is responsible for the human rights of every
individual.
Question: With the help of an individual as an international law actor (party) explain why the
international community is responsible for human rights.
b) - Common heritage (environmental law).
Question: Using the law of torts explain the environmental law and the concept of common
heritage.
Theories supporting ‘state’ or central government:
- natural origins of state
- contractual origins of state

16
 - State formation
- UN organs like ECOSOC
- Treaty law
- International Human Rights Law
- International Environmental Law
G. Sovereignty
Peace of Westphalia, European settlements of 1648, which brought to an end the Eighty and
international relations.
Years’ War between Spain and the Dutch and the German phase of the Thirty Years’ War.
The peace was negotiated, from 1644, in the Westphalian towns of Münster and Osnabrück.
The Spanish-Dutch treaty was signed on January 30, 1648. The treaty of October 24, 1648,
comprehended the Holy Roman emperor Ferdinand III, the other German princes, France,
and Sweden. England, Poland, Russia, and the Ottoman Empire were the only European
powers that were not represented at the two assemblies. Some scholars of international
relations credit the treaties with providing the foundation of the modern state system
and articulating the concept of territorial sovereignty. Question: explain why.

G. Decolonisation
Questions:
- How is this connected with WWs, UN, and related organisations?
- The concept of sovereignty?
- The Cold War era, etc.
- What are the current issues? Are you ‘decolonised’, independent (mentally, culturally,
politically, economically…?

H. Some Reading Materials

1. General Text Books
- Cases and Materials on International Law
- Brownlie´s Principles of Public International Law (Volumes I and II)
a. Table of Treaties
b. Table of Cases
c. Relevant Authors
- Thomas Buergenthal Sean D. Murphy, Public International Law
- Helena Torroja ed. Public International Law and Human Rights Violations by
private Military and Security Companies
2. United Nations and decolonization
When the United Nations was established in 1945, 750 million people - almost a third of the world's
population then - lived in Territories that were non-self-governing, dependent on colonial Powers.

Since then, more than 80 former colonies have gained their independence (../history/former-trust-
and-nsgts). Among them, all 11 Trust Territories (../history/international-trusteeship-system-and-
trust-territories) have achieved self-determination through independence or free association with an
independent State. Former Non-Self-Governing Territories ceased to be on the list of Non-Self-
Governing Territories due to their change in status or as a result of their choice of independence,
free association or integration with an independent State. Today, there are 17 Non-Self-Governing
Territories (../nsgt) remaining and fewer than 2 million people live in such Territories.

17
The decolonization efforts of the United Nations derive from the principle of “equal rights and self-
determination of peoples” as stipulated in Article 1 (2)
(http://www.un.org/en/sections/un-charter/chapter-i/index.html) of the Charter of the United
Nations (http://www.un.org/en/charter-united-nations/index.html), as well as from three speci c
chapters in the Charter which are devoted to the interests of dependent peoples. The Charter
established, in its Chapter XI (http://www.un.org/en/sections/uncharter/chapter-xi/index.html)
("Declaration regarding Non-Self-Governing Territories", Articles 73 and 74), the principles that
continue to guide the decolonization efforts of the United Nations. The Charter also established the
International Trusteeship System (../history/international-trusteeship-system-and-trust-territories)
in Chapter XII (http://www.un.org/en/sections/uncharter/chapter-xii/index.html) (Articles 75-85)
and the Trusteeship Council (http://www.un.org/en/sections/aboutun/trusteeship-council/) in
Chapter XIII (http://www.un.org/en/sections/un-charter/chapter-xiii/index.html) (Articles 86-91) to
monitor the Trust Territories.

The Charter binds administering Powers, namely "Members of the United Nations which have or
assume responsibilities for the administration of territories whose peoples have not yet attained a
full measure of self-government", in the language of the Charter, to recognize that the interests of
dependent territories are paramount, to agree to promote social, economic, political and
educational progress in the Non-Self-Governing Territories with due respect for the culture of the
peoples concerned, to assist the peoples in developing appropriate forms of self-government, and to
take into account the political aspirations and stages of development and advancement of each Non-
Self-Governing Territory. Administering Powers are also obliged under the Charter to transmit to the
United Nations information on conditions in the Non-Self-Governing Territories. The United Nations
monitors progress towards self-determination in the Non-Self-Governing Territories.

In 1960, the General Assembly (http://www.un.org/en/ga/) adopted the Declaration on the Granting
of Independence to Colonial Countries and Peoples (General Assembly resolution 1514 (XV))
(http://undocs.org/A/Res/1514(XV)), known also as the Declaration on Decolonization. By this
resolution, the General Assembly, considering the important role of the United Nations in assisting
the movement for independence in Trust and Non-Self-Governing Territories, solemnly proclaimed
the necessity of bringing colonialism in all its forms and manifestations to a speedy and
unconditional end, and in this context, declared, inter alia, that all people had a right to self-
determination.

According to General Assembly resolution 1541 (XV) (http://www.undocs.org/A/RES/1541(XV)) of

1960 entitled "Principles which should guide Members in determining whether or not an obligation
exists to transmit the information called for under Article 73 e of the Charter", a Non-Self-Governing
Territory can be said to have reached a full measure of self-government by:

• Emergence as a sovereign independent State;• association

with an independent State;
• Integration with an independent State.

In addition, by the "Declaration on Principles of International law concerning Friendly Relations and
Cooperation among States in accordance with the Charter of the United Nations", as approved by
the General Assembly by its resolution 2625 (XXV) (http://www.undocs.org/A/RES/2625(XXV)) of
1970, the General Assembly solemnly proclaimed the principles of international law concerning
friendly relations and cooperation among States, including the principle of "equal rights and self-
determination of peoples". In that principle, it is stated that the "establishment of a sovereign and
independent State, the free association or integration with an independent State or the emergence

18
into any other political status freely determined by a people constitute modes of implementing the
right of self-determination by that people".

3. Intergovernmental bodies of the United Nations dealing

with decolonization agenda

The General Assembly, by its resolution 66 (I) (http://undocs.org/A/RES/66(I)) of 1946, initially set up
an ad hoc committee "to
examine the Secretary-General's summary and analysis of the in  Welcome to the United Nations
(http://www.un.org/en) formation transmitted under Article 73 (e) of the Charter with a Language: view to
aiding the General Assembly in its consideration of this information" which was composed in equal
number of representatives of the Members transmitting information under Article 73 e of the
Charter and of representatives of Members elected on the basis of an equitable geographical
representation. In subsequent years, the Special Committee on Information Transmitted under
Article 73 e of the Charter, later renamed as the Committee on Information from Non-Self-Governing
Territories, took over the task to examine the summaries and analyses of information transmitted
under Article 73 e of the Charter, including any papers prepared by the specialized agencies, and was
dissolved in 1963 (see General Assembly resolutions 146 (II) (http://undocs.org/A/RES/146(II)), 219
(III) (http://undocs.org/A/RES/219%20(III)), 332 (IV)
(http://undocs.org/A/RES/332%20(IV)), 333 (IV) (http://undocs.org/A/RES/333%20(IV)), 569 (VI)
(http://undocs.org/A/RES/569%20(VI)), 646 (VII) (http://undocs.org/A/RES/646%20(VII)), 933 (X)
(http://undocs.org/A/RES/933%20(X)), 1332 (XIII) (http://undocs.org/A/RES/1332%20(XIII)), 1700
(XVI)
(http://undocs.org/A/RES/1700%20(XVI)) and 1970 (XVIII)
(http://undocs.org/A/RES/1970%20(XVIII))).

In 1961, the General Assembly, by its resolution 1654 (XVI)

(http://www.undocs.org/A/RES/1654%20(XVI)), established the
Special Committee on the Situation with re gard to the Implementation of the Declaration on the
Granting of Independence of Colonial Countries and Peoples (../c24/about) (also known as the
Special Committee on Decolonization or C-24), as its subsidiary organ, to monitor implementation of
the 1960 Declaration on Declaration and to make recommendations on its application. The C-24
commenced its work in 1962 with the original 17 members, which was immediately expanded to 24
members by the end of 1962 (for more details on membership, see C-24 Members page
(../c24/members)). Following the dissolution of the Committee on Information from Non-Self-
Governing Territories, the C-24 was tasked to study information transmitted as prescribed under
Article 73 e of the Charter, pursuant to General Assembly resolution 1970 (XVIII)
(http://undocs.org/A/RES/1970(XVIII)).

Agenda items relating to decolonization are also considered by the Special Political and
Decolonization Committee (Fourth
Committee) (http://www.un.org/en/ga/fourth/index.shtml), one of the Main Committees
(http://www.un.org/en/ga/maincommittees/index.shtml) of the General Assembly. The F ourth
Committee considers recommendations of the C-24 and prepares draft resolutions and decisions for
submission to the plenary of the General Assembly.

19
 4. Support and assistance by the United Nations
Currently, the C-24 and its bureau (/dppa/decolonization/c24/bureau), as well as the Fourth
Committee during its decolonization segment, are assisted by the Decolonization Unit of the
Department of Political and Peacebuilding Affairs
(https://dppa.un.org/en) (DPPA) for substantive support and by the Department for General
Assembly and Conference
Management (http://www.un.org/depts/DGACM/) (DGACM) for procedural support. The
Department of Global
Communications (https://www.un.org/en/sections/departments/department-global-
communications/) (DGC) carries out a number of outreach and other activities related to
dissemination of information on decolonization.

For more information concerning support and assistance by the United Nations, particularly by
United Nations Regional
Commissions, funds and programmes, specialized agencies, please refer to the publication entitled
"What the UN Can Do to Assist Non-Self-Governing Territories
(/dppa/decolonization/sites/www.un.org.dppa.decolonization/ les/what_the_un_can_do_1.pdf) " by
the DGC.

5. UN at 70: How far have we come in decolonization?

(https://dppaps.atavist.com/un-at-70-taking-stock-of-decolonization)
his was published in the DPA online newsletter, Politically Speaking, featuring
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