Event Title
Location
Room 107
Start Date
2-7-2012 11:20 AM
End Date
2-7-2012 12:40 PM
Description
The global environment (including humans) faces critical threats brought on by, among others, rapid decline of biodiversity and climate change. These threats are not just the concerns of nation-states but indeed the common concerns of the global world.
Environmental protection manifests at three different levels. These are international (or global), regional (including sub-regional) and national. It may be argued that these levels should inform each other culminating in harmonized national legal systems effecting the ideals contained at supra-national levels. Unfortunately, this is not the case in the African Union. Various aspects unique to the region hamper the efforts to reach the consensus necessary to enact efficient supra-national law. The African legal regime is scattered with law containing provisions diluted by political compromise. This dilution renders the legal framework ineffective and uninformative for national legal regimes. Conversely, the few legal documents in Africa containing substantive provisions which might impose responsibilities and/or duties on member states are shunned and never obtain enough ratifications to enter into force.
In Africa, factors such as colonialism, underdeveloped economies and infrastructure as well as a high regard for sovereignty intensifies the struggle for consensus. Moreover, most African countries rely on modern legal systems faced with post-modern challenges. This paper proposes to rethink law from a legal philosophical angle in the African context by arguing that modern legal systems (and therefore modern law-making) are hampering consensus at a supra national level and as a result efforts to address common concerns. By evaluating the characteristics of both modern and post modern legal systems this paper explores the opportunities lying within the nature of post-modern law. Furthermore this paper explores the role of legal principles within a post-modern society and examines the nature of legal principles in this context as a possible solution to reach what will be called a collective consensus-based approach. This paper concludes by suggesting a hierarchical construct of ideals; principles and rules to facilitate and frame governance efforts proposing to address common concerns.
Presentation
Included in
Rethinking Law to Reach a Collective Consensus-Based Approach - the Case for Prinicples in the African Union
Room 107
The global environment (including humans) faces critical threats brought on by, among others, rapid decline of biodiversity and climate change. These threats are not just the concerns of nation-states but indeed the common concerns of the global world.
Environmental protection manifests at three different levels. These are international (or global), regional (including sub-regional) and national. It may be argued that these levels should inform each other culminating in harmonized national legal systems effecting the ideals contained at supra-national levels. Unfortunately, this is not the case in the African Union. Various aspects unique to the region hamper the efforts to reach the consensus necessary to enact efficient supra-national law. The African legal regime is scattered with law containing provisions diluted by political compromise. This dilution renders the legal framework ineffective and uninformative for national legal regimes. Conversely, the few legal documents in Africa containing substantive provisions which might impose responsibilities and/or duties on member states are shunned and never obtain enough ratifications to enter into force.
In Africa, factors such as colonialism, underdeveloped economies and infrastructure as well as a high regard for sovereignty intensifies the struggle for consensus. Moreover, most African countries rely on modern legal systems faced with post-modern challenges. This paper proposes to rethink law from a legal philosophical angle in the African context by arguing that modern legal systems (and therefore modern law-making) are hampering consensus at a supra national level and as a result efforts to address common concerns. By evaluating the characteristics of both modern and post modern legal systems this paper explores the opportunities lying within the nature of post-modern law. Furthermore this paper explores the role of legal principles within a post-modern society and examines the nature of legal principles in this context as a possible solution to reach what will be called a collective consensus-based approach. This paper concludes by suggesting a hierarchical construct of ideals; principles and rules to facilitate and frame governance efforts proposing to address common concerns.