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Africa before the International Courts

Africa before the International Courts "Come my Jrierlds, 'tis not too late to seek a newer world. Tennyson 1. INTRODUCTION Most treatises on this subject are uniformly keen to express the idea that it is in Europe that the concept of settling international disputes by subjecting the disputants to arbitration by disinterested third parties first took root.' It has even been suggested that there was an attraction in the European mind which sought to transfer the absolute values of discipline and the need for respect of the law in the nation-State to the international community.2 These accounts invariably ignore important precedents and antecedents which constitute the very foundation upon which much of the present-day achievements of international law are based.3 Western writers, jurists and judges have up until very recently assumed that developing States have no commercial law of their own and that they have no international legal outlook or contributions to make to the law and practice of international adjudication. Although those assumptions have changed somewhat favourably in recent times, other deep-seated prejudices and lack of appreciation of the particular demands of developing States have hardly changed in the law and practice of the main international courts and tribunals. The suspicions and http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of World Investment and Trade Brill

Africa before the International Courts

Journal of World Investment and Trade , Volume 5 (6): 43 – Jan 1, 2004

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1660-7112
eISSN
2211-9000
DOI
10.1163/221190004X00137
Publisher site
See Article on Publisher Site

Abstract

"Come my Jrierlds, 'tis not too late to seek a newer world. Tennyson 1. INTRODUCTION Most treatises on this subject are uniformly keen to express the idea that it is in Europe that the concept of settling international disputes by subjecting the disputants to arbitration by disinterested third parties first took root.' It has even been suggested that there was an attraction in the European mind which sought to transfer the absolute values of discipline and the need for respect of the law in the nation-State to the international community.2 These accounts invariably ignore important precedents and antecedents which constitute the very foundation upon which much of the present-day achievements of international law are based.3 Western writers, jurists and judges have up until very recently assumed that developing States have no commercial law of their own and that they have no international legal outlook or contributions to make to the law and practice of international adjudication. Although those assumptions have changed somewhat favourably in recent times, other deep-seated prejudices and lack of appreciation of the particular demands of developing States have hardly changed in the law and practice of the main international courts and tribunals. The suspicions and

Journal

Journal of World Investment and TradeBrill

Published: Jan 1, 2004

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