Funmi Abioye | University of Saskatchewan (original) (raw)

Papers by Funmi Abioye

Article 2(4) of the UN Charter establishes the doctrine of the prohibition of the use of force am... more Article 2(4) of the UN Charter establishes the doctrine of the prohibition of the use of force amongst member states of the UN. Article 51 lays down exceptions to this rule in terms of the fact that there can be an individual and/or collective use of force in self-defence in the case of an armed attack. This individual or collective use of force is permitted to continue until such a time as the Security Council takes such actions as are necessary for the maintenance of international peace and security. The International Court of Justice (ICJ) has further confirmed this prohibition of the use of force in the Nicaragua case, Congo v Uganda and Oil Platforms cases. This area of international law has seen a lot of discussions and developments over the years. The purpose of this article is to examine the efficacy of the use of force between Russia and Georgia; and Israel and Gaza in 2008. It would be examined if these armed attacks are justifiable by the doctrine of self-defence and the ...

South African Yearbook of International Law, 2008

Abstract: It is widely recognised that environmental problems are international in scope. Escalat... more Abstract: It is widely recognised that environmental problems are international in scope. Escalating environmental degradation compels states to cooperate internationally, and to establish universal and regional standards in order to address these issues in an effective and coherent ...

International Journal of Legal Information

Agenda: Empowering Women for Gender Identity, 2020

The role of women in the public sphere in Africa has for long been one of restriction by virtue o... more The role of women in the public sphere in Africa has for long been one of restriction by virtue of society’s interpretation of power along gender lines. For long, society viewed power, authority and decision-making rites as connoting masculinity and maleness, thus excluding women in the exercise of these very important social rites. Particularly prevalent was the direct and indirect restriction (fencing-in) of women in matters of the state, political participation, and in setting and implementing nation building agendas. Over the years however, women have confronted these gendered restrictions through their activism and their political and social struggles geared towards ensuring social justice across all sectors of society. Chimamanda Ngozi Adichie is one of such women. As a feminist, novelist and author, she has been prolific in campaigning for gender rights and women’s empowerment that cuts across all spheres.

This article examines and acknowledge the role played by this iconic African female figure through her works, and the impact she has had on challenging the status quo on gender issues, and on changing the narrative to ensure social justice for all. Using her writing as a powerful medium, she has been able to advocate against various forms of society-imposed restrictions on women and against forms of discrimination. As an influencer of note, she has sought to break down otherwise established psychological and sociological barriers, and to inspire young women like herself to push out against gendered restrictions, be it in politics or whatever sphere they may choose to function in. Adichie's work extends beyond the academic realm and this article focuses on her feminist political activism through her work. Her writings and collaboration with current pop culture shifted perceptions around feminism for African women and for those in the diaspora and, as such, we see her work as a feminism without borders.

Africa Development, 2019

The frequency of acts of violence in the world has increased in recent years. These acts, perpetu... more The frequency of acts of violence in the world has increased in recent years. These acts, perpetuated by different groups under different guises, have one thing in common: the invocation of a sense of terror and horror in people. In Africa, the situation is the same. Events in countries in and around the Horn of Africa, East Africa, Mali, Kenya and Nigeria, to name a few, speak to the rise in events of this nature that leave a trail of loss of life and property and destruction in their wake. At regional and continental levels, different initiatives, both legal and military, have been put in place all over the world to deal with acts of terrorism, and the perpetrators thereof. Despite these, terrorist attacks continue to happen unabated. It is questionable if these initiatives are achieving the desired results, and if these are indeed the correct measures to apply to tackle the malaise. Hence, this paper seeks to examine the nature and peculiarities of the terrorism occurring in Africa, focusing particularly on the groups al-Shabaab in the Horn of Africa, and Boko Haram in West Africa. The effectiveness of current efforts at combatting terrorism is examined with a view to recommending a more nuanced approach to the battle against terrorism in Africa. Résumé La fréquence d'actes de violence dans le monde a augmenté ces dernières années. Ces actes, de formes différentes, perpétrés par différents groupes, ont un point commun : l'invocation d'un sentiment de terreur et d'horreur. En Afrique, la situation est la même. Les événements survenus dans des pays de la Corne de l'Afrique, d'Afrique de l'Est, au Mali, au Kenya et au Nigéria, pour ne nommer que ceux-ci, témoignent de la multiplication d'événements de cette nature qui entraînent de nombreuses pertes en vies humaines, ainsi que des dommages matériels. Aux niveaux régional et continental, différentes initiatives juridiques et militaires ont été mises en

VRU: Law and politics in Africa, Asia and Latin America, 2018

The right to development has evolved over the years, and in the African context, is viewed as a l... more The right to development has evolved over the years, and in the African context, is viewed as a legal right that ensures that the people are part of the development process. The unpacking of the content and application of this right by the African Commission on Human and Peoples Rights has gone a long way in enumerating what exactly this right means to Africans. The jurisprudence of the African Commission shows that the commission has adopted a bottom-up approach to the right to development. An approach that focuses on the participation of the people in their own development plans and initiatives, in order to capacitate themselves in their own development. It focuses on what the people can do to foster their own development, rather than on what external sources can do.

Books by Funmi Abioye

Human Rights and the Environment in Africa, 2024

Human Rights and the Environment under African Union Law , 2020

Africa Yesterday, Today and Tomorrow, 2013

The contemporary understanding of "governance" is that it is the art of steering societies and or... more The contemporary understanding of "governance" is that it is the art of steering societies and organisations according to laid down procedures, principles and rules. This conception of governance is very much Western-oriented, and it led to the claim by some that pre-colonial African societies lacked any form of governance within their structures, and that the West introduced all that Africa knows of governance. The Western-oriented understanding of governance is not suitable for African societies which have norms and values different from Western societies. The failure of the Western-conceived notion of governance in Africa is thus not surprising as it is the result of transposed and imposed law on the people. This chapter seeks to debunk claims that pre-colonial African societies lacked governance and explores the mode of social behaviour, social accountability, structures of and how these societies governed themselves. This is done to buttress the point that Africa had government albeit in a different form to the Western conception. The chapter then advocates that for good governance and development to take place in Africa, the laws in force on the continent, whilst being contemporary and international, must also reflect the very essence, norm and values of African societies.