Evaluating Situations When a Country is Allowed Under International Law to Intervene in the Affairs of Other Countries

Inhaltsverzeichnis (Table of Contents)

• Introduction
• 1. THE CONCEPT OF INTERVENTION AND THE PRINCIPLE OF NON-INTERVENTION UNDER INTERNATIONAL LAW
• 1.1 The evolution of the principle of Non-Intervention under the UN Charter.
• 1.2 The interpretation of Article 2(4) of the U.N. Charter.
• 1.3 The Principle of Non-Intervention in the context of the African Union and ECOWAS regional and sub-regional organizations.
• 2. THE LEGALITY OF AFRICAN REGIONAL INTERVENTION IN THE GAMBIA AND THE CONCURRENT POSITION OF THE U.N. CHARTER ON SUCH DEVELOPMENTS.
• 2.1 The mandate of regional arrangements and their role in dispute settlement under the U.N. Charter and Multi-lateral Treaties.
• 2.2 The legal status of the Gambia on the ECOWAS' Protocol on Democracy and Good Governance (A/SP1/12/01).
• 2.3 The question of legitimacy under domestic laws of The Gambia.
• 2.4 The position of the U.N. Security Council with regards to the regional intervention in the Gambia Post-election Crisis.
• 2.5. The threat of the Use of Force in The Gambia by the ECOWAS & AU regional organization.
• 3. PRO-DEMOCRATIC INTERVENTION IN CURRENT INTERNATIONAL LAW: GOOD OR BAD?
• 3.1 Legal Justification of Political Intervention under International law.
• 3.2 Intervention by consent and the question of \"who is in control to give consent\" in a dilemma of legitimacy?
• 3.3 Opinion on Pro-democratic Intervention: Good or Bad?
• Conclusion

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This thesis aims to analyze the legality of unilateral and regional intervention by States through the influence of regional and/or sub-regional organizations in the context of the international law principle of non-intervention, focusing on the Gambia Post-election crisis 2016/17 as a case study.

• The evolution and interpretation of the principle of non-intervention under international law.
• The legality of regional intervention in the Gambia Post-election crisis.
• The role of the United Nations Charter and regional organizations in international intervention.
• The legitimacy of pro-democratic intervention in current international law.
• The application of the principle of non-intervention in the context of the Gambia's domestic legal framework.

Zusammenfassung der Kapitel (Chapter Summaries)

Chapter 1 provides a general overview of the principle of non-intervention under international law, examining its historical development and contemporary interpretation. It analyzes the role of the United Nations Charter in prohibiting intervention in the domestic affairs of other states, including the interpretation of Article 2(4) of the Charter. This chapter also examines the principle of non-intervention in the context of regional and sub-regional organizations such as the African Union and ECOWAS.

Chapter 2 focuses on the specific case of the Gambia Post-election crisis of 2016/17. It examines the legitimacy of the intervention by ECOWAS and the African Union in light of the UN Charter. The chapter analyzes the mandates of regional organizations and their legal instruments in relation to The Gambia as a member state. It also discusses the legal status of The Gambia under the ECOWAS Protocol on Democracy and Good Governance.

Chapter 3 examines the contemporary phenomenon of pro-democratic intervention in Africa, using the Gambia case study to explore the potential benefits and drawbacks of such interventions. This chapter explores the legal justifications for political intervention under international law, including the concept of intervention by consent. It also examines the question of legitimacy when determining who has the authority to consent to intervention.

Schlüsselwörter (Keywords)

This thesis explores the complex interplay of key concepts including international law, non-intervention, sovereignty, regional intervention, pro-democratic intervention, the United Nations Charter, the African Union, ECOWAS, and the Gambia Post-election crisis.