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International Law and State Sovereignty: a Focus on the Constitutive Act of the African Union
(NIGERIAN JOURNAL OF INTERNATIONAL LAW, 2019) Adeyeye, Joel
This article takes a critical look at the topic, International Law and State Sovereignty with a focus on the Constitutive Act of the African Union. With the rise of modem State and the emancipation of international relations, the doctrine of sovereignty emerged. Sovereignty in government is that public authority which directs or orders what is to be done by each Member State associated in relation to the end of the association. It is the supreme power by which any citizen is governed and is the person or body of persons in the State to whom there is politically no superior. International law encapsulates the intercourse between and among nations. The Constitutive Act of African Union (AU), in some of its provisions, tramples upon the sovereignty of States. In the light of the foregoing, this article sets to point out the various ways in which the Constitutive Act of the AU has impugned on the sovereign independence of States in Africa. The article also makes recommendation as to how States are expected to enjoy sovereign immunity.