The United Nations Charter and the African Union Constitutive Act : the search for compatibility in addressing African peace and security

Abstract

Collective security by regional organisations continues to be impacted by evolving global security threats. Previously focused at the global level, the shift from interstate conflicts to intra-state conflicts resulted in the acknowledgement of regionalism and the functions of collective security being implemented at the regional level. This paper examines the development of regionalism in the security sphere and the evolving relationship between the United Nations (UN) and regional organisations. Employing historical and comparative perspectives, it considers both the development of regional security projects and the reasons for their successes and failures. It also critically analyses the various constitutional developments that have occurred within regional arrangements looking particularly at the African Union (AU) and what accounts for such regional organisations to depart from the normative framework of regional arrangements contained in Chapter VIII of the UN Charter. The paper uses primary and secondary material to understand the compatibility of Chapter VIII of the UN Charter and the Constitutive Act of the AU as mechanisms used to respond to peace and security challenges on the African continent. The design of the study is qualitative research and the AU is used as a case study from other regional organisations. The theoretical framework adopted, based on its explanatory power, is collective security