Thesis submitted in fulfilment of the requirements for the degree of (PhD) in the School of Law at the University of the Witwatersrand School of Law Faculty of Commerce, Law and Management University of the Witwatersrand, Johannesburg / Since the 1970s, when third world countries challenged the market-dominated international trade regime, the United Nations (UN) has been engaging without relent on how to fill the gap in business and human rights governance. The gap exists in countries with relaxed domestic regulatory regimes, where multinational corporations commit human rights violations without regional and institutional mechanisms to hold them accountable. From the draft codes, to the Global Compacts and the UN Draft Norms, the search failed to yield the desired result. In 2005, another move was made that produced a compendium of UN Guiding Principles on Business and Human Rights (UNGP) which was unanimously endorsed by the UN Human Rights Council (UNHRC) in May 2011. Although it has been argued that the endorsement fills the gap that has been missing in the quest for global corporate accountability, the search continues unabated at the UN forum albeit without the support of some powerful nations for a ‘binding international legal instrument’ that will regulate the activities of corporations with regard to human rights. However, while awaiting the outcome of the recent interrogation on the issue, the UNHRC passed a resolution that the implementation of the UNGP should commence. Since Africa is one of the continents greatly affected by this problem, this thesis considers how the African Union (AU) can develop a framework for corporate human rights responsibility and accountability in line with the UNGP. To this end this thesis proposes a mechanism that will engender a proper implementation of the UNGP; it argues that a new treaty process and implementation of the UNGP are simply different sides of the same coin and that they serve the same purpose. The thesis also considers the adequacy of the existing regulatory framework for corporate human rights accountability in Africa and explores the creation of an appropriate forum for the implementation of the UNGP. Choosing the AU as the suitable forum, this thesis endeavours to examine how some legal and policy-making institutions in the AU can be rejuvenated, overhauled and re-positioned in order to perform effective corporate accountability oversight to support the domestic and sub-regional systems. Furthermore, it attempts to provide possible remedies to victims of corporate human rights violations in Africa.

A busca pela pacificação da África pode ser considerada como um dos principais desafios encontrados pelos países africanos no imediato pós-independência. Em certa medida, romper com guerras civis e garantir a estabilidade continental foram se tornando algumas das principais preocupações das lideranças africanas. Reflexo disso pode ser encontrado nas várias iniciativas propriamente africanas criadas no continente no período pós-colonial visando à estabilidade e à promoção do desenvolvimento econômico e social do continente. Nesse sentido, o presente trabalho busca compreender a evolução da Arquitetura Africana de Paz e Segurança (AAPS) desde a criação da Organização da Unidade Africana (OUA), em 1963 – primeiro mecanismo africano de segurança –, até os dias atuais, com foco na Autoridade Intergovernamental para o Desenvolvimento (IGAD) na estabilização do Chifre da África. / The search for the pacification of Africa may be considered as one of the main challenges found by African countries in the post-independence immediate period. To some extent, to break off civil wars and guarantee continentall estability increasingly became a major concern of African leaderships. The impact of this can be found in several truly African initiatives created in the post-colonial period, aiming to ensure stabilty and promotion of economic and social development on the continent. In this sense, this work seeks to comprehend the evolution of the African Architecture of Peace and Security (AAPS) since the creation of the Organization of the African Unity in 1963 - first African security mechanism - up to this day, focusing in the Intergovernmental Authority on Development (IGAD) in the estabilisation of the Horn of Africa.

Magister Legum - LLM / The Republic of South Sudan became independent from the Republic of Sudan on 9 July 2011. South Sudan has an area of 644, 329 km2 and a total estimated population of around 12, 6 million.1The original state of Sudan was intensely divided along ethnic, religious and ideological lines. The general population of the Republic of Sudan is mainly Sunni Muslim whereas the South Sudanese are mostly Christian, with small populations that still practice African indigenous religions.2While the Republic of Sudan is predominantly Arabic-speaking, English and over sixty local languages are spoken in South Sudan.3 The new Republic of South Sudan was born after one of the longest and most ruthless wars fought in Africa. The war between the government of Sudan and the Southerners had its roots in 1955 as resistance to “Sudanisation” began in the run-up to Sudanese independence. Provincial administration4favouring the better-educated northerners over southerners and further conflict fuelled by "Islamisation" strategies and the inability to actualise a government framework that would ensure self-governance for the South led to a protracted civil war between the north and south.5 The Addis Ababa Agreement that ended the first civil war in 1972 did not resolve political pressures and when Sharia law was introduced in 1983, it reignited the north-south conflict.6 The Second Sudanese Civil War ended with the signing of the Comprehensive Peace Agreement (CPA) in January 2005. The CPA ended a period of constant war between 1955 and 2005 barring an eleven-year truce that isolates two savage stages.7

Résumé : La thèse s’intéresse aux sanctions prises par des exécutifs internationaux et qui ont pour cibles des personnes physiques ou morales : gels et confiscations d’avoirs, interdictions de voyager, amendes et même inscriptions sur des listes à caractère infâmant. La licéité de ces sanctions est examinée à l’aune des règles du droit international qui leur sont applicables : d’une part, les règles de procédure et, de l’autre, le droit international des droits de l’homme. L’analyse permet d’identifier deux types de sanctions illicites : 1°) Le premier type comprend les sanctions qui sont pénales et qui, par ailleurs, répriment de graves infractions. Ces sanctions devraient être imposées par des juges et non par des organes politiques ce que sont les exécutifs internationaux qui les infligent. 2°) Le second type de sanctions illicites regroupent les sanctions dépourvues de recours au sens du droit international des droits de l’homme. Les personnes affectées par ces sanctions devraient pouvoir en contester le bien-fondé devant un organe indépendant et impartial. Il n’existe, par ailleurs, aucune circonstance de nature à exclure l’illicéité de l’un ou l’autre de ces deux types de sanctions. Ces sanctions, dès lors, n’ont aucun caractère contraignant. Qui plus est, les Etats se trouvent mis dans l’obligation de ne pas y donner suite. Les sanctions qui n’appartiennent à aucun de ces deux types sont, en principe, licites. Abstract : The thesis concerns the sanctions taken by international executives and which targets individuals and legal entities: freeze and confiscation of assets, ban on travels, fine and even inscription on dishonourable lists. The legality of the sanctions is checked in relation to the international rules which are applicable to the sanctions: firstly, rules of procedure and, secondly, human rights. This work concludes to the existence of two types of wrongful sanctions: 1°) the first type groups together the sanctions which are penal and, moreover, punish serious offenses. These sanctions should be decided by judges and not by political organs like international executives. 2°) the second type of wrongful sanctions contains those without recourse complying with human rights. The persons targeted by these sanctions should be able to contest them before an independent and impartial organ. In addition, there are no circumstances precluding wrongfulness of these two types of sanctions. So, these sanctions are not binding and the States are under obligation not to apply them. The other sanctions which do not belong to one of these two types of sanctions are, in theory, legal.

In der vorliegenden Arbeit analysiert Yann Wernert die Rolle der Afrikanischen Union im Rahmen von Regionalkonflikten in Afrika. Dabei wird insbesondere Wert auf die konkrete Vorgehensweise der Afrikanischen Union in den jeweiligen Konflikten gelegt. Untersucht wird der Bürgerkrieg in Somalia sowie die Versuche seitens der internationalen Gemeinschaft, eine stabile politische Ordnung wieder aufzubauen. Ebenfalls analysiert wird der Darfur-Konflikt im Sudan und die Möglichkeiten, den regelmäßig stattfindenden Massakern Einhalt zu gebieten. Der Untersuchungszeitraum erstreckt sich von 2003 bis 2007. / The following work analyses the role of the African Union in regional conflicts in Africa. A focus has been laid on the concrete handling of each conflict by the African Union. Objects of analysis are the civil war in Somalia and the subsequent efforts to restore a stable political order in the country, as well as the Darfur conflict in Sudan. The years 2003 to 2007 have been examined.

This study examines the European Union normative power in Sub-Saharan African countries. It is based upon theoretical researches on normative power and official publications about EU’s normative power in Africa. The aim of the thesis is to analyse the EU’s role in Africa as normative power. The following questions are posed: What are the reasons of exercising normative power by the EU in Africa? What are the main areas the EU acts as normative power in African continent? And what are the results of EU normative power activity in Africa? The theoretical approach assumes that the EU is no longer a normative power. But, nevertheless, it can exercise normative power. The study is conducted with a qualitative method research. The results show that the EU as a normative power pursues egoistic motives in Africa. But its normative power becomes limited by some factors: growing economic development of Africa, growing EU military power. This confirms the theory. / <p>Hope, You agree to use the thesis only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the thesis. Remember you should ask authors' permission to use the thesis.</p>

This thesis examines the Peace and Security Council (PSC) of the African Union (AU) in light of the continental challenges of peace and security. It explores the prospects for the success of the PSC in its endeavours. The study’s central argument is that the PSC’s ability to successfully tackle peace and security challenges depends greatly on the cooperation of the fifteen members of the PSC as well as between the fifty-three African Union members and the international community at large, including the United Nations. This hypothesis is backed by the argument that although the PSC may be a practical translation of the theoretical statement that ‘African problems need African solutions’, the reality is that the PSC cannot achieve such an ambitious objective alone. The PSC’s enthusiasm should be bolstered by the requisite assistance from the international arena. The international community, especially the major players or countries in the international political spectrum, are challenged to work together with the PSC in its quest for African peace and security. The members of the international community are called upon to discontinue their parallel peace and security initiatives in Africa in favour of supporting and strengthening the PSC’s ongoing initiatives. Another critical point raised in the study is that the UN’s brief to cultivate world peace and security obliges it to buttress the PSC’s initiatives, the home-grown regional solutions to Africa’s inherent peace and security challenges. This support should include the UN’s engagement at all levels with the newly created African Peace and Security Architecture (APSA). Indeed, the moral challenge for the international community is to support Africa’s already demonstrated political will with the necessary assistance. This study advocates political and economic cooperation, resource mobilisation and provision of the relevant expertise. The validity of the study’s hypothesis has been tested and confirmed by means of a deeper inquiry into the PSC’s normal business conduct, and a comparative analysis of the case studies relating to the PSC’s interventions in Burundi and in Sudan’s Darfur region. This study of those interventions has illuminated the PSC’s opportunities and challenges: on the one hand, it has revealed that the PSC’s authority and legitimacy are not challenged, at least in Africa. On the other hand, however, it has lent support to the thesis that the PSC cannot go it alone - a conclusion that has encouraged the entire AU to find ways of challenging the UN to own up to its obligations. The PSC has made noteworthy strides in assisting to streamline and coordinate the support and engagement it receives from the international community. The major limitation of the study is that it was conducted before other PSC support structures (the African Standby Force and the Continental Early Warning System) were fully operational. The study thus could not assess the full potential of the PSC. Nonetheless, the study has sought to identify potential or latent challenges which could hamper the PSC’s success, whether its support structures are fully operational or not. In the end, the study recommends greater coordination and cooperation between the PSC and major international actors including the UN. / Thesis (Ph.D.)-University of KwaZulu-Natal, Pietermaritzburg, 2010.

The prevalence of intra-state conflicts and state failures in Africa since the end of the Cold War has made Africa the epicentre of threats to human, national and international security. The inability of African states to combat the insecurities in their respective countries reinforces the discourse on the role of the African Union (AU) in enhancing peace and security across the continent. Since its establishment in 2002, the AU has responded to some security challenges in Africa. In situations of armed conflicts, especially where diplomatic and mediatory efforts fail, the AU has adopted military interventionist mechanisms to protect civilians and to restore peace and security in accord with Article 4(h) of the AU Constitutive Act. Drawing from the cases of Somalia, Sudan and Libya, this research evaluates the capacity of the AU to operationalize the idea of ‘African Solutions to African Problems’ and enforce peace and security especially through its military interventionist mechanisms. Limitations in terms of resources, expertise and funds as well as the poor commitment of member states constitute setbacks to the AU’s effort at conflict management. For the AU to perform effectively in conflict situations, it is imperative for the regional body to develop the required supranational capacity to compel obedience from member states as well as warring parties. / Thesis (M.Soc.Sc.)-University of KwaZulu-Natal, Pietermaritzburg, 2014.

Thesis (doctoral)--Universität Hannover, 2006. / Includes bibliographical references (p. 259-276).

A busca pela pacificação da África pode ser considerada como um dos principais desafios encontrados pelos países africanos no imediato pós-independência. Em certa medida, romper com guerras civis e garantir a estabilidade continental foram se tornando algumas das principais preocupações das lideranças africanas. Reflexo disso pode ser encontrado nas várias iniciativas propriamente africanas criadas no continente no período pós-colonial visando à estabilidade e à promoção do desenvolvimento econômico e social do continente. Nesse sentido, o presente trabalho busca compreender a evolução da Arquitetura Africana de Paz e Segurança (AAPS) desde a criação da Organização da Unidade Africana (OUA), em 1963 – primeiro mecanismo africano de segurança –, até os dias atuais, com foco na Autoridade Intergovernamental para o Desenvolvimento (IGAD) na estabilização do Chifre da África. / The search for the pacification of Africa may be considered as one of the main challenges found by African countries in the post-independence immediate period. To some extent, to break off civil wars and guarantee continentall estability increasingly became a major concern of African leaderships. The impact of this can be found in several truly African initiatives created in the post-colonial period, aiming to ensure stabilty and promotion of economic and social development on the continent. In this sense, this work seeks to comprehend the evolution of the African Architecture of Peace and Security (AAPS) since the creation of the Organization of the African Unity in 1963 - first African security mechanism - up to this day, focusing in the Intergovernmental Authority on Development (IGAD) in the estabilisation of the Horn of Africa.