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Pro-democratic Intervention in Africa and the ‘Arab Spring’

Pro-democratic Intervention in Africa and the ‘Arab Spring’ HANNAH WOOLAVER This article will analyse recent practice in three North African countries stemming from the `Arab Spring', that is, the widespread pro-democratic protests that erupted first in Tunisia in December 2011, and spread to several other North African countries, leading to the fall of established, unelected governments in Tunisia, Egypt and Libya. The analysis will focus on whether the international response to these events signalled support for the existence of a right of prodemocratic intervention in customary international law. If this right is indeed established in international law, states and international organisations could rely on it in order to justify action, such as the provision of material support to opposition forces, the early recognition of an opposition force as the government of the state, and even perhaps the use of force to install a democratic government, that would otherwise contravene the undemocratic state's right to territorial integrity and political independence. The state practice and opinio juris, that is the action that states have taken in relation to the events in Tunisia, Egypt and Libya, and the explicit justifications offered for this action, will be considered in turn. The article will restrict itself to examining the African loci http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Pro-democratic Intervention in Africa and the ‘Arab Spring’

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2014
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2014.0088
Publisher site
See Article on Publisher Site

Abstract

HANNAH WOOLAVER This article will analyse recent practice in three North African countries stemming from the `Arab Spring', that is, the widespread pro-democratic protests that erupted first in Tunisia in December 2011, and spread to several other North African countries, leading to the fall of established, unelected governments in Tunisia, Egypt and Libya. The analysis will focus on whether the international response to these events signalled support for the existence of a right of prodemocratic intervention in customary international law. If this right is indeed established in international law, states and international organisations could rely on it in order to justify action, such as the provision of material support to opposition forces, the early recognition of an opposition force as the government of the state, and even perhaps the use of force to install a democratic government, that would otherwise contravene the undemocratic state's right to territorial integrity and political independence. The state practice and opinio juris, that is the action that states have taken in relation to the events in Tunisia, Egypt and Libya, and the explicit justifications offered for this action, will be considered in turn. The article will restrict itself to examining the African loci

Journal

African Journal of International and Comparative Law – Edinburgh University Press

Published: Jun 1, 2014

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