Title

Legitimate governance and statehood in Africa: beyond the failed state and colonial determination

Publisher

University of British Columbia

Date Issued

2009

Document Type

Thesis

Degree

Master of Laws - LLM

Program

Law

Description

This thesis looks at the problem of governance and statehood in Africa from an international law perspective. Adopting a comparative analytical research method, the thesis investigated the idea of statehood in traditional Africa and Europe, and highlighted conceptual differences. It traced the origin and nature of the post colonial African state to an oppressive and totalitarian colonial state; and the coalescence of international law with European civilization and reality. The argument is made that the international law framework on statehood and international solutions of intervention and democratization, are inadequate for dealing with the problems of statehood in Africa and its consequences such as state collapse. The thesis proposes the legitimization of the African post colonial state through a combination of a process of self determination and democratization. The pattern of self determination proposed seeks to give normative expression to an African state's reality by using the equilibrium of the peoples incorporation and disengagement from the state as an index for determining the role and relevance of the state. It is proposed that this index, in determining the ambits of the right to self determination of the constituent political units in a state, should entitle an African nation to a minimum of the right to self governance in a confederate system. In complimenting the foregoing legitimization process, the thesis proposes a democratic framework that is constructed on cultural foundations of endogenous democracy and development.

Subject(s)

Legitimacy of governments - Africa; Self-determination, National - Africa; Democracy - Africa; Africa - Politics and government - 1960-

Geographic Location

Africa

Date Available

2009-03-24

Rights

For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use.

DOI

10.14288/1.0058224

Affiliation

Law, Peter A. Allard School of

ID

1.0058224

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