The Dynamics of Euro-African Co-Operation: Being an Analysis and Exposition of Institutional, Legal and Socio-Economic Aspects of Association/Co-Opera

ISBN-13: 9789401010269 / Angielski / Miękka / 2011 / 394 str.

Eric C. Djamson

Opis

Dr. E. C. Djamson, a distinguished Ghanaian Lawyer and Diplomat, has put political scientists and students of international law into his debt. His work is an important contribution to the literature of Afro-European co operation. He examines the history of relations between the European Economic Community and the Associated African States; he provides a thorough analysis of the international institutions and of the wider political, economic and legal problems involved in Afro-European co-operation. The author is concerned with the manner in which African sovereign states are now able to enter into relations with Europe on a basis of legal equality. He emphasizes the principles involved in the law of nations; this should comprise, not merely "civilized" law in traditional parlance, but also Mrican customary law. As Dr. Djamson puts it, "the international community can no longer afford to ignore the principles of law peculiar to the so-called Third World . . . after all the 'general principles of law recognized by civilized nations' are not at variance with the basic ideas of law andjustice as understood by the newcomers to the international scene. " At the same time, both the new states and the old, established powers must accept those obligations that derive from their being signatories to international agreement. Adherence to the principle of pacta sunt obser vanda does not violate sovereignty, but of itself gives evidence of a country's maturity and ability to co-exist with other sovereign entities. Dr."

Spis treści

I. The European Economic Community, The Associates and “Associables”: Historical Background and Developments.- 1.1 The Concept of Association.- 1.6 The Implementing Convention.- 1.7 The First Yaounde Convention.- 1.9 Initial Impact of Association on Commonwealth African Countries.- 1.10 The Second Yaounde Convention (Convention of Association).- 1.11 The Content of the Convention of Association.- 1.12 Trade.- 1.17 Financial and Technical Co-operation.- 1.20 Right of Establishment, Services, Payments, Movement of Capital.- 1.22 The Institutions of Association.- 1.23 General and Final Provisions, etc.- 1.24 The Enlarged Community and Its Repercussions.- 1.27 Beginning of Negotiations between the Community and the African, Caribbean and Pacific (ACP) States.- II. Institutional Provisions.- 2.1 Comparative Analysis of Institutional Provisions of the Yaounde Conventions.- 2.5 The Association Council.- 2.6 Members of the Association Council.- 2.7 Powers and Functions of the Association Council.- 2.8 Trade.- 2.10 Financial and Technical Co-operation.- 2.13 Right of Establishment, Services, Payments, Movement of Capital, etc.- 2.14 Quasi-Judicial Functions.- 2.16 Miscellaneous Functions.- 2.20 The Association Committee.- 2.21 Parliamentary Conference.- 2.22 Members of the Parliamentary Conference.- 2.23 Functions and Powers of the Parliamentary Conference.- 2.25 Court of Arbitration.- 2.27 Members of the Court of Arbitration.- 2.29 Jurisdiction of the Court.- 2.31 Access to the Court.- 2.32 Proceedings before the Court.- 2.34 Powers of the Court.- 2.35 Miscellaneous Provisions.- III. A Historical Study of Certain Provisions of the Yaounde II Convention as a Basis for Interpretation of the ACP-EEC Convention Of Lomé.- 3.2 Legal Basis of Association.- 3.10 Is There an “Association Law”?.- 3.12 Conclusions.- 3.13 Does the Association Have International Status ?.- 3.29 Conclusions.- 3.37 On the Question of Sovereignty.- 3.41 Conclusions.- 3.42 Some Jurisdictional Issues.- 3.43 Miscellaneous Private International Law Questions.- 3.44 On the Choice of Law.- 3.45 The Law Governing Contracts of Employment of Association Servants.- 3.46 The Attitude of Municipal Courts to Questions of Jurisdictional Immunity.- 3.47 The Association and Immovable Property.- 3.48 The Proper Law of Association Contracts.- 3.49 Legal Questions relating to Proceedings in Municipal Courts.- 3.50 Venue.- 3.51 Application of Adjective Law by Municipal Courts.- 3.52 Security for Costs.- 3.53 Discovery of Documents and Interrogatories.- 3.54 Execution of Judgments.- 3.55 Voting Procedures.- 3.56 The General Principles of Law Recognised by “Civilised Nations” and the Evolution of “Association Law”.- 3.57 The General Principles of Law.- 3.59 The Principle of Good Faith and Pacta Sunt Servanda.- 3.67 The Principle of Self-Preservation.- 3.68 Judicial Proceedings.- 3.71 The Principle of Res Judicata.- 3.72 Conclusions.- 3.74 The General Principles of Law in African Customary Law and Other Systems.- 3.74 General Observations.- 3.86 Contractual Relationships in African Customary Law.- 3.87 Elements of African Customary Law of Contract.- 3.90 Types of Contract in African Customary Law.- 3.91 Remedies.- 3.92 Conceptions in the Law of Contract.- 3.93 Principles of Injury, Liability and Responsibility in African Customary Law.- 3.96 Procedure in the Traditional Courts.- 3.97 Other Systems of Law.- 3.98 Conclusions — I.- 3.100 Conclusions — II.- 3.101 Conclusions — III.- 3.102 The General Principles of Law recognised by Member States and Associated States?.- 3.122 Conclusions.- IV. Political and Economic Considerations and Their Legal Effects.- 4.1 General Observations.- 4.3 Africa and the National Territorial State.- 4.8 Berlin Conferences (1884—85) compared with the Brussels Conferences (1973—75).- 4.16 Reflections on the Negotiations between the Enlarged EEC and African, Caribbean and Pacific (ACP) States.- 4.16 Financial and Technical Co-operation.- 4.21 Trade.- 4.23 Stabilization of Export Earnings.- 4.24 Agriculture.- 4.27 Future Perspectives.- 4.29 Reciprocity or Reverse Preferences.- 4.32 Industrial Co-operation.- 4.35 Banking and Related Problems.- 4.39 European Investment Bank Loans to Associated States.- 4.44 The Association and the International Monetary Fund.- 4.45 Problems of Exchange Control.- 4.47 Conclusions.- V. The ACP-EEC Convention of Lomé.- 5.1 General Observations.- 5.2 Title I — Trade.- 5.3 Title II — Export Earnings from Commodities.- 5.4 Title III — Industrial Co-operation.- 5.5 Title IV — Financial and Technical Co-operation.- 5.6 Title V — Provisions relating to Establishment, Services, Payments and Capital Movements.- 5.7 Title VI — Institutions.- 5.8 Title VII — General and Final Provisions.- VI. General Conclusions.- Appendix: Synoptic Information on the ACP States which Negotiated the ACP-EEC Convention of Lomé with the Enlarged European Economic Community.- African States.- Caribbean States.- Pacific States.- Selected Bibliography.- Index of Cases.