The Dilemma In International Migration: An Era of International Immigration And GeoPolitics
Ernest Jovan Talwana
At the end of both World War I and II, there was an influx of refugees caused by
death, destruction and displacement of many groups of people. Most of these
groups constituted minorities living in the collapsed Ottoman, Habsburg empires
after WWI and the communities affected by Nazi occupation of Central Europe
which had culminated into WWII. Both wars created refugee crises which
required resettlement of displaced peoples. Refugee crises have never ended
because human kind has a propensity to dispute and hence conflict. This has
seen a persistent number of people displaced across the world. From the influx of
Guatemalan refugees to the United States during the late 20th Century, to the
Afghan war, Iraqi war and, currently, the Syrian and Libyan refugee crises
affecting Europe courtesy of the endless conflicts that have ravaged those
nations. Such conflicts create social and economic difficulties which push people
to migrate. When all these issues happen simultaneously, it is bound to create a
situation that is exploited by certain parties in order to advance their own
agendas, at the expense of immigrants.
Domesticating The Kampala Convention As A Pivotal Step In Protecting Persons Displaced By Conflict And Violence In Northern Nigeria
Esther Hatsiwa Emmanuel
The paper interrogates the internal displacement in northern Nigeria, through an appraisal of the extant laws particularly the African Union Convention for the Protection and Assistance of Internally Displaced Persons (IDPs) in Africa (Kampala Convention) and other International, regional and domestic instruments. There is no specific National legal framework for the protection and assistance of internally displaced persons in Nigeria. The state is yet to domesticate the Kampala Convention, even though there is a bill pending before the National Assembly that seeks to do the same. The paper recognizes that efforts have been invested by national authorities in developing a National IDP Policy, which was finalized in 2012 but was never adopted. Nigeria should therefore operationalize the Kampala Convention because it provides a comprehensive framework that will bring improvement to the lives of IDP’s in Northern Nigeria.
The African Woman In International Law
Lorna Afoyomungu Olum
This article interrogates the problematic nature of classical international law,
showing the ways in which it historically privileged, and advanced, European
values and interests over those of subaltern groups. While acknowledging the
contributions of the Third World Approaches to International Law (TWAIL) and
Feminist approaches, as important challenges to traditional international law,
the article argues that these critical movements themselves contain a blind
spot - insofar as they do not adequately surface the needs and concerns of the
African woman as a subject of international law. To this end, the article
suggests a need for further reflection upon, and responses to, the multiple
ways in which the African woman is excluded - normatively and institutionally
- in the contemporary international legal framework.
From Non-interference To Non-indifference: The Origin And Status Of Article 4(h) Of The Constitutive Act Of The African Union
Lornah Afoyomungu Olum
This article examines the historical, legal and political context within
which Article 4(h) of the Constitutive Act of the African Union was
formulated. It also considers the place of Article 4(h) in the contemporary
international legal order. In the main, it is considered that, as recognized
by Principle 11 of the Pretoria Principles, Article 4(h) is envisaged and
validated by Article 53 of the UN Charter. More affirmatively, it is
suggested that the place of Article 4(h) as a feature of the normative legal
framework on intervention is secured by the emergence of the
Responsibility to Protect (R2P) doctrine, which has been broadly
endorsed under the UN framework.