Legal Dimension of the Role of African Union and United Nations in Conflict Resolution in Africa

Moremi, Payas R. (2013) Legal Dimension of the Role of African Union and United Nations in Conflict Resolution in Africa. Masters thesis, The Open University Of Tanzania.

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Abstract

This study examines the legal dimensions as to the role of the AU in conflict resolution in Africa specifically on the point of its ineffectiveness and capability in the region to implement its objectives related to conflict resolutions vis-à-vis the UN mandate and other related factors. The study shows how impartial does the regional arrangements can be adhered by the UN or regional organizations much as conflict resolution is concerned as per the UN Charter of 1945, to demarcate clearly the legal position input of priority to resolve the African conflict problems in future. This thesis employed both qualitative and quantitative research designs. Data were obtained through questionnaires, interviews and document review respectively. The findings reveal that, the legal dimensions of the role of AU over the conflict resolution in Africa becomes incapable for the factors including the superiority of the UN mandate under the Security Council to maintain international peace and security, also alienation of the AU member states participation in peace-basket over conflicts management and resolution in Africa. The study found that conflict of obligations and interests of the member states in the AU at the same time in UN under pancta sunta servanda, reflects stagnation of smooth intervention of conflicts in the region. This study recommends that, to successful conflict resolution and sustainable relative peace in Africa, the International legal commission must review and or reconstructs Article 33 and 52 of the UN Charter for the regional conflict arrangements to be bonafidely accommodated regionally to their desired resolutions. The AU and member states must be given first priority as to legal dimension to handle regional conflicts in their solidarity and interest.

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