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Thesis (M.A. in National Security Affairs)--Naval Postgraduate School, March 2005. / Thesis Advisor(s): Karen Guttieri, Letitia Lawson. Includes bibliographical references (p. 71-75). Also available online.

Magister Legum - LLM (Criminal Justice and Procedure) / Since 2009, the first permanent international criminal court's operation is known to be marked by diplomatic tension between the African Union (AU) and the ICC. A host of African member states have called for African states parties to withdraw en masse from the International Criminal Court (ICC). On the 19th October 2016, South Africa's Minister of International Relations and Cooperation, without prior parliamentary approval, deposited an official notice of withdrawal from the ICC in terms of Article 127(1) of the Rome Statute. The Pretoria High Court, however, in Democratic Alliance v Minister of International Relations ruled the notice instrument to be "unconstitutional and invalid." This research paper evaluates South Africa's unsuccessful proposed withdrawal, against the backdrop of AU and ICC tensions. Accordingly, the paper critically evaluates South Africa's reasons for a proposed ICC withdrawal, its subsequent failure and the domestic and international implications of either a future successful withdrawal or South Africa's continued membership. The paper's findings conclude that South Africa's attempted withdrawal was primarily based on the diplomatic breakdown between South Africa and the ICC which arose out of the states party's non-cooperation with an arrest warrant for Sudan's sitting head of state, President Omar Al-Bashir, at the 25th Ordinary Session of the African Union Assembly in Johannesburg, June 2015. It is presented, that South Africa's proposed withdrawal was premature and that any future withdrawal from the ICC will have far-reaching legal and political ramifications. Further, this study reaffirms the need for the country's continued contribution to building a stronger, effective and more universal framework of international criminal justice, domestically and from within the ICC.

The purpose of this study is to ascertain what role multilateral diplomacy has played in building and operationalising the AU, and whether it is likely to continue to consolidate the Union and, as a corollary, Africa’s socio-economic and political renewal. In this way the dissertation analyses both the role of multilateral diplomacy already utilised and the future prospects for diplomacy to entrench the Union’s organs and programmes. As most of the primary organs of the AU were established during the period 2000-2004, the diplomatic substance and process, which was predominantly multilateral in form during that period, is examined. The study attempts to provide explanations and offer recommendations for diplomatic behaviour by African states within the continental organisation, and the AU within the international context. Rationalist as well as constructivist international relations theory is used as a conceptual framework in order to examine diplomatic relations aimed at promoting issues of security, power and survival of the state, as well as ideas related to political economy, international cooperation and the environment, and international institution building. The diplomacy already utilised in the creation of the AU’s primary organs was predominantly focused on procedural issues, conducted by means of African multilateralism such as regional bloc diplomacy and personal diplomacy by African Heads of State and Government. The necessity to include other, non-state actors in the AU consolidation process is also evident. Prioritising the Union’s policy objectives under economic development and integration; continental good governance; and the popularisation of the AU, the study postulates that future African diplomacy will probably continue to be regionally driven, economic and public in nature and focused on making tangible progress. With the institutional infrastructure in place, the need for multilateral diplomacy to be geared towards implementation of AU commitments is emphasised. Multilateral diplomacy is likely to prevail in AU diplomatic practice both in terms of substance and procedure and will need to focus on addressing the enormous challenges faced by the continent including eradicating poverty and underdevelopment, ensuring peace, security and stability and combating HIV and AIDS, amongst others. The AU needs to use multilateral diplomacy, not exclusively but in conjunction with other forms of diplomacy, to effectively and efficiently implement its commitments and programmes for the tangible benefit of the ordinary African citizen. Only then will the AU be deemed credible in the eyes of its people and the rest of the world. Copyright / Dissertation (MDIPS)--University of Pretoria, 2009. / Political Sciences / unrestricted

Yes / This chapter explores the issue of the enforcement of annulled awards under the regime of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York 1958 (New York Convention) through an analysis of recent decisions from the courts of the United States, England and France, to suggest the attitude courts in African States should adopt when required to enforce an annulled award. These three jurisdictions have robustly engaged with this question and their courts have proffered different reasons for the positions they take on the issue, which may be instructive to the courts in Africa. The issue is set out in 14.01; and the theoretical and practical effects of annulled awards are briefly discussed in 14.02. The approach adopted by the English courts is briefly examined in 14.03; the US courts in 14.04; and the French courts in 14.05; and a conclusion.

Thesis (M.M. (Security))--University of the Witwatersrand, Faculty of Commerce, Law and Management, Graduate School of Public and Development Management, 2016 / This study seeks to interrogate how regional institutions in Africa construct their foreign policies. States are faced with a continuously evolving global structure and as a result face complex challenges that require the collaboration of collective efforts to resolve. In order to overcome such challenges states are tasked with the challenge that involves finding ways to amalgamate their policy frameworks. This is a serious challenge, but one that states must overcome if they are to find effective solutions to growing global challenges. What this research has endeavoured to achieve is show exactly how the task of forging collective or common foreign policy is achieved and what institutions are best suited to help African regions achieve their goals of a common foreign policy. To this end, the study uses qualitative design and employs document and content analysis, focusing on the structure and history of the two organisations (ECOWAS and SADC). It then looks at the three foreign policy approaches (climate change, terrorism, and maritime security), comparing the coordination of each and seeking out what works in terms of finding and/ or building of the necessary institutions in order to gauge the cohesion of the regional organisations given different contexts. The adherence to sovereignty by member states has proven once again to be an impediment where collaboration particularly of the supranational nature is concerned. What this study has endeavoured to do is to show that despite an adherence to sovereignty certain goals can be achieved. While the adherence to sovereignty is deemed a constraint towards cohesive regionalisation, this study finds that the issue is not necessarily an adherence to sovereignty, but the imposition of unrealistic or misplaced targets such as the vision of the two African sub-regions to acquire supranational institutions. For the most part, the findings were that African regionalism continues to evolve as intergovernmental organisations. Using Brosig’s (2013) typology of convergence This study has not only shed light into what works as a framework for achieving set goals and targets, but it has also shed light into the different types of arrangements that can be achieved given different contexts. This study hopes to add value to the understanding of the African regional society and how it makes and implements its decisions, The hope is that this also sheds light into understanding reasons behind policy failures and their successes thereof. / GR2018

Student Number : 0414488P - MA research report - School of Social Sciences - Faculty of Humanities / This study aims at highlighting the politics of international cooperation with respect to monetary integration in West Africa. Monetary integration was envisaged in the Economic Community of West African States (ECOWAS) when the organization was formed in 1975. Two decades after its formation, it was realized by member states that limited success had been achieved as far as the objectives of the organization were concerned. As a result, the ECOWAS Treaty was revised and significant decisions were made in 1993, and the call for a monetary union was reiterated. Factors which could have worked against the formation of a monetary union prior to 1993 changed in favour of monetary cooperation. The adoption of the Euro in the European Union and more especially by France, weakened the symbolic link of the CFA Franc zone to France, and to an extent reduced the French stigma, which had hitherto discouraged Anglophone countries from participating in an expanded monetary union with their Francophone counterparts. The democratic transition of Nigeria and the accession to power of a new leader who has shown commitment to regional integration, improved cooperation arrangements among ECOWAS states in working towards the formalization of a monetary union. The transformation from the Organization of African Unity (OAU) to the African Union (AU) and its strategy of creating a common African currency as well as the emergence of the New Partnership for Africa’s Development (NEPAD) provided extra motivations for African states to show more commitment towards integration. Based on the above factors, several positive steps have been taken towards the formalization of a monetary union in the community. The West African Monetary Zone (WAMZ) was realized in 2000 and more importantly, the West African Monetary Institute (WAMI) was created and started operating in the same year. The Institute was created to prepare the groundwork for the creation of the West African Central Bank. The above mentioned factors increased the prospects of forming a monetary union in the community but several challenges still remain. First there is the problem of the asymmetric nature of the economies in the region. Secondly, political instability is a major factor that militates against the formation of such a union. Domestic political instability in Nigeria, which is heightened by ethnic and religious differences as well as the asymmetric nature of her economy in relation to those of other states in the region, makes it difficult for a monetary union to revolve around her. This research project is centered on Treaties, statistical analysis, theories and concepts and literature from economic and financial institutions. We conclude by stating that the analysis here reflects the situation on the ground and provide lessons to member states of the community, prospects for monetary integration would be further improved if member states work coherently to overcome such challenges.

L’institutionnalisation du contrôle des finances publiques en Afrique francophone remonte à la période d’avant les indépendances. De ce fait, les textes organiques correspondants, depuis les années d’indépendance jusqu’au 21ème siècle, tirent leurs sources essentiellement des textes français. C’est ainsi que les premiers contrôles dans les colonies françaises étaient organisés par des textes législatifs et réglementaires de la métropole. Ces organes étaient connus sous le nom d’Inspection des colonies, puis Inspection de la France d’Outre- Mer. « Les contrôles prévus par ces différents textes étaient plutôt des contrôles généraux, purement administratifs, ces contrôles n’avaient pas une vocation financière particulière ». Il ne pouvait en être autrement car, l’administration publique de l’époque était gérée depuis la métropole. L’étude des systèmes de contrôle financiers publics dans l’espace de l’Union Economique et Monétaire Ouest Africaine (UEMOA) à travers l’ordonnancement juridique organisationnel et fonctionnel du contrôle dans un des pays membres, le Bénin, se fonde sur deux éléments a) l’évolution des différents systèmes de contrôle des vingt dernières années ; b) le poids du contrôle dans le développement économique et social. Dans une étude intitulée « quelques réflexions sur le contrôle des fonds publics », A. Barilari justifie la mise en place de procédures de contrôle particulières pour les finances publiques, comparativement à celle qui prévaut dans les entreprises privées, par le fait que les finances des administrations publiques ont un poids très important dans le PIB français. De plus, les articles 13, 14 et 15 de la Déclaration des Droits de l’Homme et du Citoyen de 1789 constituent le fondement du droit financier public depuis la révolution française du 18ème siècle. Les différents régimes qui se sont succédé en France depuis deux siècles ont compris l’enjeu que constitue la gestion des fonds publics en mettant en œuvre des politiques de réformes des organes de contrôle. Les résultats de ces politiques de renforcement des systèmes de contrôle se trouvent dans la performance mesurée des indicateurs socioéconomiques du pays. Si en Afrique, les mêmes indicateurs évoluent presque en sens inverse malgré la mise en œuvre de systèmes de contrôle et des réformes similaires à la France, il y a lieu de s’interroger d’abord sur la perception réelle du concept de contrôle en vigueur dans ces pays. C’est à juste titre que dans son discours « vaincre l’humiliation », Albert Tévoédjrè affirme « la corruption est un cancer, un cancer moral qui, de manière insidieuse, sape les fondements de nos sociétés et, donc, de notre civilisation…». Cette réflexion s’inscrit parmi les nombreuses réponses à la question de recherche des motifs qui expliquent le sous-développement de quelques Etats du continent. / No English summary available.

Typescript (photocopy). / Digitized by Kansas Correctional Industries / Department: Political Science.