Acknowledgments:

The author wishes to acknowledge Hiruy Wubie of University of Gondor, Faculty of Laws and Zelalem Tsegaw of Mekele University, College of Law and Governance, Department of Law, for the use of the ‘African Union Law Teaching Material’. The text was a good resource in the preparation of this module.

INTRODUCTION  

This module introduces students to a unique area of law. Law of the African Union. The quest for Pan-Africanism entails creating institutions within the context of the Union which institutions, would accelerate the establishment of a fully-fledged Pan-African organisation which would take its rightful place in the geopolitical arena of global politics. Inter alia, the module brings to the fore the origins of the African Union from its predecessor institution. It looks at the status of the African Union under International Law, the powers of the Union and its organs. The module further looks at the role of the African Union in the maintenance of peace and security in Africa etc.   

OBJECTIVES  

The objectives of the module are to:

• Highlight the background towards establishment of the African Union
• Explain how membership to the African Union arise
• Explain the relationship between the African Union and International Law
• Identify and explain the powers of the African Union
• Identify the organs of the African Union and explain their powers
• Explain the status of the African Union vis-à-vis privileges and immunities
• Highlight the legal instruments by which the AU operates
• Explain the role of the AU in peace and security maintenance in Africa
• Explain the disputes resolution mechanisms within the AU

LEARNING OUTCOMES

At the end of this module you should be able to:

• Know and explain the origins of the AU and how membership to the AU is acquired
• Know and explain how the AU relates with International Law
• Know and explain the powers of the AU
• Know what the organs of the African Union are and their functions
• Explain what privileges and immunities the AU and its personnel under international law
• Know the international law instruments under which the AU operates
• Know and explain the role of the AU in peace and security maintenance and disputes resolution mechanisms with the AU.

Unit 1 – BACKGROUND AND OVERVIEW OF THE AFRICAN UNION

Unit 2 – MEMBERSHIP TO THE AFRICAN UNION

Unit 3 – AFRICAN UNION AND INTERNATIONAL LAW

Unit 4 – POWERS OF THE AFRICAN UNION  

Unit 5 – ORGANS OF THE AFRICAN UNION AND THEIR POWERS/MANDATE

Unit 6 – MONETARY INSTITUTIONS OF THE AFRICAN UNION

Unit 7 – PRIVILEGES AND IMMUNITIES OF THE AFRICAN UNION  

Unit 8 – LEGAL INSTRUMENTS OF THE AFRICAN UNION  

Unit 9 – AU & PROTECTION OF HUMAN RIGHTS & MAINTENANCE OF PEACE & SECURITY IN AFRICA

Unit 10 – DISPUTE RESOLUTION MECHANISMS WITHIN AFRICAN UNION

Unit 11 – DISSOLUTION AND SUCCESSION OF THE AFRICAN UNION

 

RECOMMENDED READING

Ahluwalia Kuljit. The Legal Status, Privileges, and Immunities of the Specialized Agencies of the United Nations and Certain other International Organizations. (1964). Martinus Nijhoff Publisher.

Amerasinghe C.F. Principles of Institutional Law of International Organizations. (1996). Cambridge University Press.

Amate C.O.C, Inside the OAU Pan-Africanism in Practice. (1986) Macmillan Publishers Ltd.

Blackstone’s International Law Documents (7th edition)

Obadane Ebenezer and Oyewole Dapo. The New Partnership for African’s Development: Challenges and Developments. (2003). Center for Democracy and Development.

Schermers Henry G. and Blokker Niels M. International Institutional law: Unity within Diversity, (3^rd Revised Edition) (1995). Martinus Nijhoff Publisher.

Murithi Timothy. The African Union: Pan-Africanism, Peace Building and Development. (2005) Ashgate Publishing Company

Shaw Malcolm N. International Law. 2003 (5^th edn).

Slomanson William R. Fundamental Perspectives on International Law. (2007) (5^th ed)