This book challenges the central assumption of the law of territory by establishing that uti possidetis is not a general principle of law, and arguing that African customary rules were generated. It includes in-depth coverage of African secession, with issues of human rights law, self-determination and political science presented in a new light.

This book is a comprehensive study of secession from an international law perspective.

Wars fought for political separation have become omnipresent in post-colonial Africa. From the division of Sudan, to the continued fragmentation of Somalia, and the protracted struggles of Cabinda and Azawad, conflict over seccession and separation continues to the present day. This is the first single volume to examine the historical arc of secession and secessionist conflict across sub-Saharan Africa. Paying particular attention to the development of secessionist conflicts and their evolving goals, Secession and Separatist Conflicts in Postcolonial Africa draws on case studies and rigorous research to examine three waves of secessionist movements, themselves defined by international conflict and change. Using detailed case studies, the authors offer a framework to understand how secession and separation occur, how these are influenced by both preceding movements and global political trends, and how their ongoing legacies continue to shape African regional politics. Deeply engaging and thoroughly researched, this book presents a nuanced and important and important new overview of African separatist and secessionist conflicts. It addresses the structures, goals, and underlying influences of these movements within a broader global context to impart a rich understanding of why these conflicts are waged, and how they succeed or fail.

Secession in International Law argues that the effective development of criteria on secession is a necessity in today’s world, because secessionist struggles can be analyzed through the legal lens only if we have specific legal rules to apply. Without legal rules, secessionist struggles are dominated by politics and sui generis approaches, which validate secessionist attempts based on geo-politics and regional states’ self-interest, as opposed to the law. By using a truly comparative approach, Milena Sterio has developed a normative international law framework on secession, which focuses on several factors to assess the legitimacy of a separatist quest.

This book provides a unique comparative study of the major secessionist and self-determination movements in post-colonial Africa, examining theory, international law, charters of the United Nations, and the Organisation of African Unity (OAU)/African Union’s (AU) stance on the issue. The book explores whether self-determination and secessionism lead to peace, stability, development and democratisation in conflict-ridden societies, particularly looking at the outcomes in Eritrea and South Sudan. The book covers all the major attempts at self-determination and secession on the continent, extensively analysing the geo-political, economic, security and ideological factors that determine the outcome of the quest for self-determination and secession. It reveals the lack of inherent clarity in international law, social science theories, OAU/AU Charter, UN Charters and international conventions concerning the topic. This is a major contribution to the field and highly relevant for researchers and postgraduate students in African Studies, Development Studies, African Politics and History, and Anthropology.

The many questions that surround movements for secession and self-determination are both practically urgent and theoretically perplexing. The United States settled its secession crisis in the 1860s. But the trauma and unfinished business of those events are still with us. Around the world secession and self-determination are the key issues that cause strife and instability. This volume provides an unusually comprehensive consideration of the many challenges of law and political philosophy that accompany them, and offers theoretical insights that provide guidance for policy. Among the questions considered are: should the international community recognize a right to secede and, if so, what conditions must be satisfied before the right can be asserted? Should secession and its conditions be recognized within domestic constitutions? Secession is the most extreme form of political separation and there are modes of self-determination short of it, including indigenous peoples' self-government and minority language rights. To what degree can these intrastate autonomy arrangements help ameliorate the injustices faced by indigenous groups?

Africa has experienced a number of territorial disputes over land and maritime boundaries, due in part to its colonial and post-colonial history. This book explores the legal, political, and historical nature of disputes over territory in the African continent, and critiques the content and application of contemporary International law to the resolution of African territorial and border disputes. Drawing on central concepts of public international law such as sovereignty and jurisdiction, and socio-political concepts such as colonialism, ethnicity, nationality and self-determination, this book interrogates the intimate connection that peoples and nations have to territory and the severe disputes these may lead to. Gbenga Oduntan identifies the major principles of law at play in relation to territorial, and boundary disputes, and argues that the predominant use of foreign based adjudicatory mechanisms in attempting to deal with African boundary disputes alienates those institutions and mechanisms from African people and can contribute to the recurrence of conflicts and disputes in and among African territories. He suggests that the understanding and application of multidisciplinary dispute resolution mechanisms and strategies can allow for a more holistic and effective treatment of boundary disputes. As an in depth study into the legal, socio-political and anthropological mechanisms involved in the understanding of territorial boundaries, and a unique synthesis of an African jurisprudence of international boundaries law, this book will be of great use and interest to students, researchers, and practitioners in African and Public International Law, International Relations, and decision-makers in need of better understanding the settlement of disputes over territorial boundaries in both Africa and the wider world.

The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

This book explores foreign policy developments in post-colonial Africa. A continental foreign policy is a tenuous proposition, yet new African states emerged out of armed resistance and advocacy from regional allies such as the Bandung Conference and the League of Arab States. Ghana was the first Sub-Saharan African country to gain independence in 1957. Fourteen more countries gained independence in 1960 alone, and by May 1963, when the Organisation of African Unity (OAU) was formed, 30 countries were independent. An early OAU committee was the African Liberation Committee (ALC), tasked to work in the Frontline States (FLS) to support independence in Southern Africa. Pan-Africanists, in alliance with Brazzaville, Casablanca and Monrovia groups, approached continental unity differently, and regionalism continued to be a major feature. Africa’s challenges were often magnified by the capitalist-democratic versus communist-socialist bloc rivalry, but through Africa’s use and leveraging of IGOs – the UN, UNDP, UNECA, GATT, NIEO and others – to advance development, the formation of the African Economic Community, OAU’s evolution into the AU and other alliances belied collective actions, even as Africa implemented decisions that required cooperation: uti possidetis (maintaining colonial borders), containing secession, intra- and inter-state conflicts, rebellions and building RECs and a united Africa as envisioned by Pan Africanists worked better collectively.