Certain international legal problems relating to exercise of economic self-determination by African states

Abstract

The primary concern of this thesis is to examine how African States have been and are exercising their economic self-determination in accordance with international law. Political independence in itself does not entail economic sovereignty. The development of the principle, of economic sovereignty particularly in relation to the African States, is discussed and its legal scope determined.

Exploitation of natural resources is an essential element of economic sovereignty. The legal regimes regulating these resources at the time of the independence of the African States form a threshold for the right of economic self-determination. In the exercise of this right, various stages and forms are notable. At first, the African States took measures securing adjustment of existing legal constraints in the regimes that they had inherited. This was followed by their attempt in formulating new legal machinery giving them greater freedom to exploit their natural resources to fuller advantage. Recognising a need for joint efforts, the African States have established various fora for international economic co-operation.

The Thesis actually examines the salient legal problems relating to the utilisation of natural resources; economic use of African international river basins; and looks into various legal forms employed to regulate international economic co-operation. Questions of settlement of territorial controversies; and international economic disputes are also discussed.

The study concludes that th-exercise of economic self-determination by African States is based, inter alia, on the recognised principles of international law, namely, equal rights and self-determination of peoples and nations; sovereign equality of states; permanent state sovereignty over its natural resources; international co-operation for development; mutual and equitable benefit; fulfillment of international obligations in good faith; and peaceful settlement of international economic disputes.