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|Title: ||AFRICAN UNION PEACE AND SECURITY COUNCIL: TO COMPETE OR COMPLEMENT THE UN SECURITY COUNCIL?|
|Authors: ||Zekarias, Beshah|
|Advisors: ||Dr. GIRMACHEW ALEMU|
|Keywords: ||SCHOOL OF LAW|
|Copyright: ||Dec-2010 |
|Date Added: ||3-May-2012 |
|Abstract: ||Since the transition of Organization of African Unity (OAU) in to an African Union (AU),
Africans have taken laudable measures towards creating a comprehensive system to manage
their own conflicts. One of such measure is the establishment of Peace and Security Council of
African Union (AUPSC) which closely simulates the United Nations Security Council (UNSC).
The establishment of PSC has created some sort of anxiety as it has become confusing whether
this organ is a meant to take over the primacy conferred up on the UNSC for the maintenance of
international peace and security. The anxiety is evident when one considers legal documents of
the Union and the practice so far.
In an attempt to clear out the above confusion, the paper investigates whether African leaders by
establishing their own Peace and Security Council (PSC) have intended to reserve the primacy
for their own PSC or leave such primacy to the UNSC. To this end, the paper first analyzes the
genesis of PSC to spot the factors that motivated African leaders to establish their own PSC.
Then the paper critically scrutinizes the provisions of the Constitutive Act and the PSC protocol
which are the two most important legal instruments of the Union on the area of peace and
security. Finally, the paper studies the practice to observe how Africans have perceived their
involvement in resolving conflicts of Africa, through the PSC.
After a deep analysis on the above three areas, the paper argues that AUPSC is established to
take primacy over UNSC on matters related to the maintenance of peace, security and stability
on the continent of Africa. And, this paper argues that the general consensus reached by
Africans to establish AUPSC in a way that usurp the power of the UNSC will make the nature of
the relationship between these two counterparts of AU and UN more of competitive and will
bring the laws of AU in a direct conflict with the Charter system. Accordingly, the paper urges
the two councils to reach on a common understanding on the respective power and
responsibilities and further calls for a more harmonized partnership between these two organs.|
|Appears in:||Thesis - Law|
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