Abstract
Since the end of the Cold War, there has been an acceleration in globalization, a process that has resulted in significant increases in interaction between peoples and nations. As a consequence, it has become increasingly difficult for national governments to have full control over what happens within their territorial boundaries. In fact, globalization has made it quite difficult for national governments to exercise full control over their domestic economies and political processes. An important consequence of globalization is the internationalization of constitutional law. This process has resulted in the virtual disappearance from almost all countries of the concept of complete and absolute sovereignty. In fact, many States, including those in Africa, now enjoy only an attenuated form of sovereignty, one that is characterized by the failure of States to have complete control over the determination of the content of their national constitutional law. Thus, in constitutional design and interpretation, States must take cognizance of international law, particularly international human rights instruments. While this internationalization of constitutional law can be viewed as an infringement on the sovereign right of African countries to determine the content of their national laws, this article argues that such interference, either through direct incorporation of provisions of international human rights instruments into national constitutions or reliance upon international and comparative sources as an interpretive device, is critical and important for the promotion of good governance and the recognition and protection of human rights in the continent.
Recommended Citation
John Mukum Mbaku,
International Law and Limits on the Sovereignty of African States,
30 Fla. J. Int'l L.
(2018).
Available at: https://scholarship.law.ufl.edu/fjil/vol30/iss2/1