Basic Topics in Public International Law

₦20,000.00

This book stands out as a remarkable work of thought-provoking scholarship, reflecting the formidable academic prowess of its authors—renowned law scholars and professors at the University of Benin. Their deep expertise is evident as they explore foundational topics in international law, which serve as a gateway to understanding its evolving complexities. The book breaks down intricate concepts, making them accessible and practical. It promises to be an invaluable resource for students, practitioners, scholars, and policymakers alike, offering insightful guidance on core principles and contemporary issues in international law.

What sets this book apart is the insightful approach taken by its two distinguished authors. Instead of merely explaining international law concepts in abstract or from a Eurocentric lens, they skillfully frame their discussion around how international law responds to the unique circumstances of the African Continent. This perceptive method offers a more comprehensive understanding of the law’s application in diverse contexts. Two examples, in particular, stand out to illustrate this nuanced and regionally relevant perspective.

First, the authors provide a dynamic analysis of uti possidetis juris, diving deep into its origins and implications. They explore how this principle–rooted in colonial-era boundaries that ignored the cultural, social, and religious fabric of local populations–has fueled many of the ethno-religious conflicts that continue to afflict post-independence Africa. Their discussion sheds light on how these artificially imposed borders have sowed discord, leading to armed crises across the continent, and make a compelling case for a re-evaluation of this concept in light of Africa’s unique history and needs.
The second is in chapter Thirteen, where the authors sharply critique how international law scholars and policymakers often overlook the devastating impact of the slave trade and colonialism on Africa. They are particularly struck by the contrast between the ongoing discussions and reparations for World War II atrocities and the relative silence on the injustices of colonialism and slavery.

The book engages a broad audience – students, legal practitioners, scholars, and policymakers – by encouraging a more inclusive narrative that acknowledges these historical wrongs and their lasting effects.

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This book serves students by simplifying complex international law concepts using familiar examples and clear explanations, making the subject accessible. For practitioners and scholars, it offers bold, thought-provoking arguments that challenge established views. For instance, in Chapter Three, the authors critically analysed the interaction between Nigerian and international law, particularly focusing on the Court of Appeal and Supreme Court’s handling of Abacha v. Fawehinmi [2001] 1 NWLR (Pt.662) 228. They persuasively argue for overturning the legal precedent set by this case.

Though the call to reconsider established legal precedents may seem unconventional, it effectively challenges readers to reevaluate the judgment in the light of the authors’ persuasive arguments. Notably, the book delves into the International Court of Justice’s decision in Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v. Nigeria, Equatorial Guinea Intervening), ICJ Rep 2002, 303. The authors highlight how the judgment was executed without recourse to article 12(1) of the Nigerian Constitution. Their observation, particularly around why the constitution should have been amended to excise the affected territories from the constitutionally recognised territories of Nigeria, invites a deeper reflection on the relationship between Nigerian law and international law.

It is instructive that the difficulties which the authors envisaged in the previous edition of this work for and for which they strongly called for a reconsideration of Abacha v. Fawehinmi became a reality in the recent case of Nnamdi v. FRN (SC/CR/1361/2022 of 15 December, 2023. In the case, the Supreme Court had to wriggle its way out of the constraining effect of the Abacha decision on the hierarchy of implementing pieces of legislation vis a vis other Statutes of the National Assembly.

To policymakers across Africa–whether at the national level, within the African Union, or across various sub-regional legal frameworks–this book presents a compelling critique of the current fragmented approach to integration. It highlights the complex dual nature of the African Charter on Human and Peoples’ Rights as both national and international law, resulting in inconsistencies in interpretation and application. The authors expressed concerns over the lack of a unified approach, revealing gaps between national and international courts, and urging policymakers to bridge these divides for more effective implementation.

The authors’ focus on the Economic Community of West African States is remarkable. I am yet to see any text on public international law that gives so much attention to Africa, ECOWAS and Nigeria as did this book.

In all, the authors did not shy away from highlighting problems and suggesting solutions.

Confident in their substantial contribution to the field, the authors navigate this book with remarkable assurance and scholarly rigor. Their work stands out as an exceptional addition to the study of international law. With its depth of insight and thought-provoking analysis, this book is not just informative but transformative, challenging readers to rethink established perspectives. I wholeheartedly recommend this work to students, practitioners, scholars, and anyone interested in a deeper understanding of international law. It is a valuable resource that should not be missed

Professor Friday Chijioke Nwoke
University of Jos
Former Judge and Vice President,
ECOWAS Community Court of Justice.

About the Author(s)

Amos O Enabulele, BL, LLB (Benin), LLM (Benin), PhD (Brunel University, London), is a professor of public international law at the University of Benin, Nigeria

Bright Bazuaye BL, LLB (BENSU), LLM (Benin), PhD (Benin), is a professor of public international law and Dean of Law at the University of Benin, Nigeria