The article of 'Universal Jurisdiction, Universal Prescription A Preliminary Assessment of the African Union Precriptive - Literature review Example

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Article review of 'Universal Jurisdiction, Universal Prescription? Name Institution Article review of 'Universal Jurisdiction, Universal Prescription? The article, Universal Prescription, Universal Prescription? Authored by Charles C. Jalloh, explores a range of issues that connect to the competing perspectives on the universality principle as understood and applied by the African Union (AU) and the European Union (EU)…
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The article review of Universal Jurisdiction, Universal Prescription A Preliminary Assessment of the African Union Precriptive
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"The article of 'Universal Jurisdiction, Universal Prescription A Preliminary Assessment of the African Union Precriptive"

Download file to see previous pages Essentially, some of the issues explored by the article could be understood from the perspective of the historical differences that have affected African countries in their attempt to ratify some of the international legal principles. The article explores a range of issues that connect within international jurisdiction in ways that demonstrate the differences in approaches adopted by European and African countries. On this matter, it becomes necessary to consider the fact that most of the issues that relate to international legal practices have elicited sharp divisions in African countries, which have tended to demonstrate the fact the universalist practices are essentially biased. Basically, some of the issues raised in the article tend to promote the assumption that the international legal practices were specifically developed as tool of western powers to influence the governance of African States. The article uses specific provisions in international laws relating to matters of immunity and culpability to demonstrate this fact. Case examples of countries such as France and Switzerland show that the application of the universality principle in its narrow sense and understanding fails to connect the issues with the fundamental applications as they relate to issues of law in a universal context. The merits of this argument could be assessed from the point of view of the differences in culture which affect the manner in which different societies perceive the aspect of law. The author points out that the development of the legal structures on which some of the tenets of international law are based is essentially biased in favor of the western countries. According to the author, some of the differences that attend to the application of the rules of international law are essentially manifest in the contestations that various countries attach to the rulings and applications of various countries. In this regard, it becomes necessary to assess the manner in which various countries have attempted to redefine the articles and concepts of international practice to suit some specific realities in their home countries. The author makes the case of various aspects of the law in a manner that attempts to explore the unworkable parts and the mismatch with realities that occur in the African continent. The aspect of criminality acquires new meaning when removed from local interpretations and applied in accordance with western concepts. The article cites cases such as the Rwandese massacre in which the failure by the international community to come to terms with the ethnic and cultural factors that connect to the issue have occasioned misinterpretations of the international legal practices. The central argument of the article is that the universality principle only serves the interests of western powers. The argument fosters the impression that the international law was mainly created to entrench their control and influence over the African states. The article explores the problematic application of matters of immunity in ways that seek to illustrate the unclear issues that make it difficult for countries to approach the subject from a common platform. In essence, many of the issues that apply within the issue could ...Download file to see next pagesRead More
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