'African Union Law': Creativity in Norm Generation to Solve African Problems

Lead Research Organisation: University of Sussex
Department Name: Sch of Law, Politics and Sociology

Abstract

The pioneering concept of African Union Law (provisionally defined for the purpose of this project as the bodies of treaties, resolutions and decisions that have direct and indirect application to the member States of the African Union) is currently underexplored and underdeveloped. However, it has the potential to be ground-breaking with far reaching implications. This Network initiative will explore the emergence of AU law as a new legal order and its implications for existing legal orders in the region. The proposed Network is multidisciplinary, with insights from different disciplines including legal, historical, social, political, economic, sociological and anthropological dimensions. It is thus a core arts and humanities research area that is relevant to the people of African descent but also has significant practical implications for the continent going forward. The concept has important and potentially radical implications for the African continent, its constituent member States and its people in Africa and in the diaspora. It is indisputable that there are specific problems that are peculiar to the African continent. These intractable problems are wide ranging and they include absence and/ or abuse of rule of law, human rights violations, child labour, modern slavery, corruption, racial and gender discrimination and environmental degradation. The idea of the African Union and its institutions as a standard generating institution, similar to the EU (but with its own unique features) is not only novel, but a necessary discourse in the search for collective solutions to these wide ranging problems and issues across the continent. This network will leverage on the availability of academics and researchers of African descent and on Africa in the UK in order to enrich the debate. It will bring together leading experts in areas related to AU Law from policy, practice and academic backgrounds. The practice-relevant, evidence-led focus will enable the Network participants to develop capacity building impacts. By offering new contributions on AU Law, this Network will provide a platform for existing researchers and also for the next cohort of researchers in this rapidly developing field. It is envisaged that the Network will also lead to the development of new curricula on AU Law in the UK and across Africa thereby creating a new pool of students, researchers and expertise. The Network shall also facilitate the establishment of an enduring relationship with key institutions in Africa.

Planned Impact

The research Network is designed to have direct impact on the development of the emergent concept of AU Law, its implications and practical application. The outputs from this Network will not only be policy and academic orientated but will also be of practical benefit. It will lead to a deeper understanding of the concept of AU Law and its practical applications.

In the short term, the Network shall raise awareness about the emergent African Union Law among interested organisations such as the member states of the African Union itself, Non-Governmental Organisations such as the Institute for Human Rights and Development in Africa and the Socio - Economic Right and Accountability Project and foreign institutions that closely deal with Africa such as the Foreign and Commonwealth Office, UK; Department for International Development, UK; US Agency for International Development and the United Nations. The impact advisor and members of the advisory team have links to some of these institutions and will help in direct engagement with them. This awareness will also be beneficial to education and research institutions who will tap into the new knowledge emerging from this Network. Furthermore, for participants, the Network will equip them with the ability to offer advise to interested institutions based on the new expertise that will emerge from this project.

In the medium term, this Network will facilitate the development of new curricula in African Union Law. This will lead to an expansion of offerings in African Studies in education and training institutions globally such as The Institute for Governance, Humanities and Social Sciences - Pan African University, University of Lagos, School of Oriental and African Studies, University of Hull and University of Sussex.

The Network will also be relevant to the practice of African Union Law because of the impact of its effect on the legal order of member States. In order to facilitate this, as further detailed in the dissemination section, we will use Nigeria as the pilot study for engagement with legal practitioners. We will share and exchange information from the research with key institutions such as the Federal Attorney General's office and the Nigerian Bar Association which could serve as multipliers for impact. Also at the international level, we will be exchanging ideas from the Network with the Commonwealth Lawyers Association and the International Bar Association in order to facilitate feedback from practitioners.

In the long term, this Network will have significant impact on the African Union and its institutions, member States and their institutions, regional groupings in Africa and individual (public) rights and enforcement of such rights in Africa. This is because of the Networks' potential to contribute to the reshaping of the notion of sovereignty and hierarchy of law making in the African continent. The expansion of the idea will have a positive impact on improving governance through supranational norms. It also has the potential to contribute to the opening up of new avenues for expansion of citizen rights and the enforcement of such rights.

Publications

10 25 50
 
Description The project has developed a network of over 80 experts on the theme of AU law across Africa, in the UK and the US. This network of experts will be instrumental in carrying the objectives of the network forward. The network has the potential to provide expert support for African Union institutions, member States and other international organisations in the future.
A key finding from this research is that despite the fact that the concept of AU Law is implicit in the legal and institutional framework of the African Union, Africa Union institutions rarely refer to their norm generating activities in those terms.
The networks interactions with the AU Commission's Office of Legal Counsel has drawn attention to the concept and has led to more recognition and prominence being given to this aspect of continental body's activity. The concept of African Union Law is gaining traction in Africa and research from the network is featuring in key publications. See for example African Human Rights Yearbook / Annuaire Africain des Droits de l'Homme(2018) page 90
The network also drew attention to the potentials of the AU legal order to serve as a protector of individual rights beyond state level. This is important because of limitations associated with the protection of rights in many of the member States of the African Union. A key finding in this regard is the need to explore the potential offered by the continental court, The African Court on Human and Peoples Rights.
The Project has generated significant interest among students across Africa and beyond through the running of a global essay competition for AU law. In the inaugural essay competition, entries were received from across Africa, UK, US and Hong Kong. The winning entries to the competition are available for download on the project's website.
Furthermore the workshops have led to the development of significant new knowledge on the theme of AU law. The new knowledge will be made available to a wider audience through the network's website, an edited collection from presentations at the network's workshops and a second monograph that is planned for publication in the near future.
Exploitation Route The project has been able to establish a strong relationship with the partner institution in Africa, the University of Lagos and also with the African Risk Capacity - an agency of the African Union. The network is also developing a relationship with the University of Carthage, Tunisia in relation to the pedagogic aspects of this project. These relationships is facilitating the taking forward of the findings of the network. Furthermore, as indicated previously, publications are in progress for the purposes of disseminating the findings to a wider audience.
Sectors Education,Government, Democracy and Justice,Other

URL https://www.africanunionlaw.org/
 
Description The overall objectives of this project are as follows: 1. To establish an African Union Law Research Network 2. Hold workshops and a conference on key issues relevant to the theme of African Union Law including: a. The unique features and legitimacy of the concept of AU Law. b. The influences behind the concept of AU Law. c. Factors necessary to support the emerging AU Law. d. The scope of African Union Law. e. Strategies for propagating AU law. 3. Develop an enduring relationship between the University of Sussex and the University of Lagos as the partner institution for the project in Africa and to facilitate future collaborations in the African continent. 4. To raise awareness to the theme of African Union Law through online platforms, social media and publications. 5. Engage with relevant institutions instrumental to African Union law. Establishment of the African Union Law Research Network: The project has successfully established the African Union Law Research Network. The network comprises of notable international experts and scholars interested in exploring the emerging AU law. The network currently has over 80 members from across Africa and Europe and the US. Workshops: The network held its inaugural workshop on the 30th of June, 2017 at the Conference Centre, University of Sussex. The workshop featured scholars and policy makers from the continent of Africa, the UK and Ireland with the expertise in relevant fields necessary to support the emerging AU Law and devise strategies for its propagation. The workshop was attended by 24 participants. The workshop explored the history, scope and creation of the African Union law-including lessons from the EU and the Caribbean. The workshop exhaustively dissected the relevance of AU law, its importance, the need to research it and the various dimensions that it takes. In addition it shows how the emergent law could feed into policy and act as a driver for change. The second workshop of the network was held over two days on the 7th December to Friday 8th at the London School of Economics (Myddelton Room). There were 28 participants at the workshop. The theme of the workshop was 'The Implications of African Union Law'. Topics discussed included Conceptual Analysis, Peace and Security, Citizenship, Environmental/Land law and Commercial law. The third workshop was held over two days in September 2018 and was on the theme of propagation and enforcement of AU law. There were 26 participants at the workshops including invitees from the African Commission. Overall, the workshops have helped ascertain the meaning and the basis of AU law and its application in various areas of practice and norm generation at the continental level in Africa. Significant new knowledge on AU law was developed at the workshops and presented in a book published by OUP. The network is also facilitating the establishment and nurturing of relationships that could facilitate future related research. As part of the strategy, the project established a research essay competition that was opened to students of African origin globally. The competition was judged by members of the Network. The competition also have the added advantage of creating more visibility for UK's tertiary education in the continent of Africa and beyond. The long-term plan is to make this a biennial event. Winning entries are available for download on the project's website - http://africanunionlaw.org/. The prizes for the competition are funded by the LPS Impact Support Fund at the University of Sussex. The first prize was won by a student at the Chinese University of Hong Kong and the achievement was posted on the University's website at https://www.law.cuhk.edu.hk/en/news/detail.php?par amDate=2019-01-15&guid=4C89E2B5-63E6-FC68-F407-C8F 9134A23B3-1547548949 . I completed a monograph on AU law that was recently released by Routledge (see the publication section of the portfolio). This book explores the emergence of African Union law as a legal order and its implications for existing order in the region. As an authoritative and a pioneering text on the development of AU law, the book covers such pertinent issues as legislative powers, competences, direct effect in AU law, subsidiarity, interventionism, and enforcement of laws. I argue that there is a gradual movement from intergovernmentalism to supranationalism in the African Union legal order, and explore how this trajectory gradually and incrementally deemphasises the discourse on nation state sovereignty; a concept that has caused many problems in the African context. Drawing upon EU law as a comparison, the book also examines how the development of supranationalism affects crucial issues such as human rights, democratic reforms, territorial matters, tribal and religious disputes, and economic relations. Members of the network have also published research articles based on their presentations at the workshops of the network. An example is Kamala Dawar & Ndaba Ndlovu, 'A comparative assessment of competition in Africa: identifying drivers of reform in Botswana, Ethiopia, and Nigeria'(2018) 1(1) Journal of Antitrust Enforcement 150-172. This article has been nominated for the antitrust writing award (https://awards.concurrences.com/en/awards/2019/ac ademic-articles/). The research network has facilitated ongoing engagement with the African Light Source (research facility), African Risk Capacity, the African Union, South African Development Corporation, International Trade Centre, Economic Community of West African States and the legislative arm of the Nigerian Government. In the last four years, I have hosted 4 international workshops/seminars and a book launch involving experts and policy makers from Africa, Europe and the United States. The events have led to the development of significant new knowledge on the theme of AU law. The new knowledge is made available to a wider audience through the network's website. An edited book collection based on presentations at the network's workshops was recently published by Oxford University Press.
First Year Of Impact 2017
Sector Education,Government, Democracy and Justice,Other
Impact Types Cultural,Societal,Policy & public services

 
Description Office of the African Union Legal Counsel and the African Commission
Geographic Reach Africa 
Policy Influence Type Influenced training of practitioners or researchers
 
Description Relationship with the African Risk Capacity - an agency of the African Union.
Geographic Reach Africa 
Policy Influence Type Influenced training of practitioners or researchers
 
Description Training of Legislatures from Nigeria
Geographic Reach National 
Policy Influence Type Contribution to a national consultation/review
 
Description LPS Impact Support Funds
Amount £600 (GBP)
Organisation University of Sussex 
Department School of Law, Politics and Sociology
Sector Academic/University
Country United Kingdom
Start 02/2018 
End 12/2018
 
Title Database for African Union Law 
Description A website has been set up to host all data relevant to the theme of the project. This serves as a one stop information access for the project and for researchers. The website is at http://africanunionlaw.org/. The website is being expanded to host relevant African Union legal instruments, policy documents, decisions of AU institutions, AU case law, original research on AU law and related data. The winning entries from the essay competition hosted by the network are also posted on the website. 
Type Of Material Database/Collection of data 
Year Produced 2017 
Provided To Others? Yes  
Impact The impact of the database is largely to draw attention to the concept of African Union Law. At the moment the research network has expanded to more than 80 members and the website was instrumental in the engagement with potential members. 
URL http://africanunionlaw.org/
 
Description University of Lagos, Nigeria - Partner institution in Africa 
Organisation University of Lagos
Country Nigeria 
Sector Academic/University 
PI Contribution The partnership was created to provide a base for the project in Africa and also to use the University of Lagos as the gateway for the project in Africa. The University of a Lagos is a federal government of Nigeria research institution. Its Faculty of Law is well established and has relevant experts for this project. As the PI for the project, I am the coordinator of the partnership facilitating interactions between the University of Lagos, The African Union Law Research Network and the University of Sussex. The collaboration has led to three highly successful workshop that took place in Brighton (June 2017); London (December 2017) and Brighton (2018).
Collaborator Contribution The University of Lagos is assisting with the dissemination effort in Africa. The partner institution has established a local committee for the project which also has a remit for dissemination in the Africa continent. The partner institution was involved in the organisation of the workshops and also sent representatives to the events. At the workshop in London in December, the partner institution ran one of the sessions at the two day event.
Impact The partnership is ongoing and outcomes are expected to be emerging from the partnership in the near future.
Start Year 2017
 
Description African Union Law Essay Competition 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Postgraduate students
Results and Impact Part of our strategy is to use this project to support development and teaching of AU law at tertiary institutions within and outside of Africa. As part of the strategy, the project established a research essay competition that was opened to students of African origin globally. The competition was judged by members of the Network. The competition also have the added advantage of creating more visibility for UK's tertiary education in the continent of Africa and beyond. The long-term plan is to make this a biennial event. Winning entries are available for download on the project's website - http://africanunionlaw.org/. The prizes for the competition are funded by the LPS Impact Support Fund at the University of Sussex. The first prize was won by a student at the Chinese University of Hong Kong and the achievement was posted on the University's website at https://www.law.cuhk.edu.hk/en/news/detail.php?paramDate=2019-01-15&guid=4C89E2B5-63E6-FC68-F407-C8F9134A23B3-1547548949
Year(s) Of Engagement Activity 2018,2019
URL https://africanunionlaw.org/african_union_law_essay_competition
 
Description African Union perspective on Modern Slavery Act - Transparency in Supply Chains 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact The event brought together legal practitioners and academics to discuss the theme at the Inner Temple.
Year(s) Of Engagement Activity 2023
URL https://blogs.brighton.ac.uk/lawandcsr/author/acio10/
 
Description Article in The Conversation 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact This is an article for the general audience on the legal basis for The African Union's role in brokering Sudan deal offers lessons for the future. The piece attracted comments from the general public especially on tweeter. It also led to an invitation to participate in a media interview.
Year(s) Of Engagement Activity 2019
URL https://theconversation.com/the-aus-role-in-brokering-sudan-deal-offers-lessons-for-the-future-12182...
 
Description Article in The Conversation on a contemporary subject. 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact This is a piece that examines the African Union and its member states capacity to respond to natural disasters. The piece brought the project to the attention of the African Risk Capacity - an agency of the African Union. I was invited to attend the annual meeting of the agency and the project is currently developing a working relationship with the agency.
Year(s) Of Engagement Activity 2019
URL https://theconversation.com/cyclone-idai-showed-how-some-countries-battle-to-handle-disasters-114629
 
Description Conference presentation 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Other audiences
Results and Impact This was a presentation at the European Society of International Law Conference to draw attention to the project and the concept of African Union Law. The talk generated a lot of debate and led to an approach by an editor from Oxford University Press on the possibility of doing a monograph on the theme of the presentation.
Year(s) Of Engagement Activity 2018
URL http://www.esilconference2018.com/programme/
 
Description Engagement - University of Carthage, Tunisia 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Postgraduate students
Results and Impact The project has established links with the University of Carthage, Tunisia and collaborating on the development of a master's program on the 'Law and Policy of the African Union' to be hosted by the University of Carthage. Apart from providing a key avenue for pedagogic impact, the collaboration also opens a door to disseminate aspects of the network's research in francophone countries of Africa.
Year(s) Of Engagement Activity 2018,2019
 
Description HuffPost 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact This brought my interview with the The Conversation to a wider audience.
Year(s) Of Engagement Activity 2018,2019
URL https://www.huffingtonpost.co.uk/staff-reporter/could-african-union-law-shape-a-new-legal-order-for-...
 
Description Interview - The Conversation 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact This was an interview with The Conversation on the theme of African Union Law which has been read by almost 4000 people to date. The publication of this article has led to further enquiries from the media.
Year(s) Of Engagement Activity 2018
URL https://theconversation.com/could-african-union-law-shape-a-new-legal-order-for-the-continent-99245
 
Description Presentation (Ireland) 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Postgraduate students
Results and Impact More than 50 researchers and academics from several countries attended this event which was conducted online. This brought an awareness of the project to a wider audience globally.
Year(s) Of Engagement Activity 2020
URL https://www.facebook.com/IrishHumanRights/posts/1635881503250604
 
Description Presentation (Portugal) 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Postgraduate students
Results and Impact This event provided the opportunity to bring the activities of the project to a Portuguese audience. The participants were very engaged and the organisers reported significant interest in African Union law from the participants. There is plan to explore other collaborations.
Year(s) Of Engagement Activity 2020
 
Description Public information - Wikipedia entry 
Form Of Engagement Activity Engagement focused website, blog or social media channel
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact The Wikipedia entry on the project page has been receiving significant traffic and has now been linked to almost 60 other entries on Wikipedia. It is now part of the Wikipedia series on the politics and government of the African Union.
Year(s) Of Engagement Activity 2018,2019
URL https://en.wikipedia.org/wiki/African_Union_law
 
Description Seminar series at the National University of Ireland, Galway 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Postgraduate students
Results and Impact This was an invited guest speaker event, part of the Refugee and Migration Law Seminar Series at the National University of Ireland Galway. The topic of the talk was: 'The Dream of a Borderless Africa: Migration, Free movement & African Union Law'. The event introduced the core theme of the project to a new audience and some of the participants joined the network created as part of the project.
Year(s) Of Engagement Activity 2019
URL https://www.nuigalway.ie/irish-centre-human-rights/newsevents/refugee-and-migration-law-seminar-seri...