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Tiyanjana Maluwa

Tiyanjana Maluwa

H. Laddie Montague Chair in Law
Professor of Law 

(814) 865-8971

Ph.D., Cambridge University
LL.M., University of Sheffield
LL.B., University of Malawi

Tiyanjana Maluwa is the H. Laddie Montague Chair in Law. He previously worked as the legal counsel of the OAU (now African Union) and, subsequently, as the legal adviser to the Office of the UN High Commissioner for Human Rights. Prior to joining the AU, he was Professor of Law at the University of Cape Town, and Extraordinary Professor of Law at the University of Pretoria, South Africa. He has also taught, in full-time and visiting capacities, at other universities in Africa and North America and spent a year as a Visiting Research Fellow at the Max-Planck Institute for Comparative Public Law and International Law in Heidelberg, Germany.

Professor Maluwa has written and edited a number of books, contributed chapters to books and is the author of numerous articles in law journals and other publications in the fields of public international law, human rights and international organizations. He currently serves on the editorial boards of a number of academic journals and is a member of several international professional associations.

Since 2005, he has been a member of the International Jury of the Stockholm Prize in Criminology. In 1997, he was asked by the United Nations to serve as the Special Rapporteur for Human Rights in Nigeria following the execution of the famed poet-activist Ken Saro Wiwa. He has also served as an expert consultant to the African Union, the United Nations and other organizations.

"Development of African Union Law and Legal Norms”, in African Perspectives and Assessments of the AU at 20: Progress, Challenges and Prospects (Wafula Okumu & Andrew Atta-Asamoah,eds., Institute of Security Studies, 2022), Chap. 5.

"Stalling a Norm’s Trajectory?: Revisiting U.N. Security Council Resolution 1973 on Libya and its Ramifications for the Principle of the Responsibility to Protect”, forthcoming in Cal. W. Int’l L. J. (Fall 2022).

"African State Practice and the Formation of Some Peremptory Norms of General International Law”, in PeremptoryNorms of General International Law (Jus Cogens): Disquisitions and Disputations (Dire Tladi ed., Brill 2021), 259-301.

"Constitutional Regulation of Conclusion of Treaties in Africa: Selected Case Studies from Anglophone and FrancophoneAfrica”, 23 Afr. Y.B. Int’l. L. 231 (2021).

"Reassessing Aspects of the Contribution of African States to the Development of International Law through AfricanMultilateral Treaties”, 41 Mich. J. Int’l. L. 327 (2020).

"Who is a Refugee?: Twenty-five Years of Domestic Implementation and Judicial Interpretation of the 1969 OAU and1951 UN Refugee Conventions in Post-Apartheid South Africa”, 27 Indiana J. Glob. Leg. Stud. 129 (2020).

Human Rights Dakar Guidelines on the Establishment of Hybrid Courts (with Kirsten Ainley & Mark Kersten et al., LSE 2019).

"The Contestation of Value-Based Norms in International Law: Rise or Decline?”, in The International Rule of Law: Rise or Decline?, (Heike Krieger, Georg Nolte & Andreas Zimmerman eds., Oxford U. Press, 2019), 311-334.

Dugard’s International Law - A South African Perspective (with John Dugard, Dire Tladi & Max du Plessis. Juta, 5th ed.,2018).

The Pursuit of a Brave New World in International Law: Essays in Honour of John Dugard (Tiyanjana Maluwa, Max du Plessis & Dire Tladi. eds., Brill, 2017).

"South Africa in Africa: Assessing South Africa’s Participation in Organization of African Unity and African UnionTreaties”, in The Pursuit of a Brave New World in International Law: Essays in Honour of John Dugard, (TiyanjanaMaluwa, Max du Plessis & Dire Tladi eds., Brill, 2017), 264-302.

"Who is a Refugee?: Twenty-five Years of Domestic Implementation and Judicial Interpretation of the 1969 OAU and 1951 UN Refugee Conventions in Post-Apartheid South Africa”, 27 Indiana Journal of Global Legal Studies 129-205 (2020).

Kirsten Ainley & Mark Kersten, Dakar Guidelines on the Establishment of Hybrid Courts, (Philipp Ambach, Elena Baylis, Fidelma Donton, Tiyanjana Maluwa & Angela Mudukuti eds., 2019).

Law, Politics and Rights: Essays in Memory of Kader Asmal (Tiyanjana Maluwa ed., Brill, 2013)

Africa and the International Criminal Court (with Max du Plessis and Annie O’Reilly: Chatham House, 2013).

International Law in Post-Colonial Africa, (Kluwer Law International, 1999).

Administrative Justice in Southern Africa, (with Hugh Corder: UCT Press, 1997).

"Youth and Culture," in Culture and Human Rights: The Wroclaw Commentaries 287 (Andreas Wiesand, Kalliopi Chainoglou & Anna Sledzinska-Simon eds., De Gruyter & ARCult Media, 2016)

"The Development and Enforcement of Community Law in the African Regional Economic Communities: Conceptual Issues, Architecture and Institutions," in Shielding Humanity: Essays in International Law in Honor of Judge Abdul G. Koroma 536 (Charles Chenor Jalloh & Ollufemi Elias eds., Martinus Nijhoff Pub., 2015)

"Beyond Rhetoric: Commitment to and Ratification of African Human Rights and Human Rights-Related Treaties”, in Law, Politics and Rights: Essays in Memory of Kader Asmal (Tiyanjana Maluwa ed., Brill, 2013).

"La transition de l’Organisation de l’Unite‚ Africaine à l’Union Africaine," in L’Union Africaine: Cadre Juridique et Institutionnel: Manuel sur L’Organisation Panafricaine 35 (Abdulqawi Yusuf & Fatsah Ouguergouz eds., Pedone, 2013)

"The Transition from the Organization of African Unity to the African Union," in The African Union: Legal and Institutional Framework - A Manual on the African Union 25 (Abdulqawi Yusuf & Fatsah Ouguergouz eds., Martinus Nijhoff Pub., 2012)

"Oil Under Troubled Waters?: Some Legal Aspects of the Boundary Dispute Between Malawi and Tanzania over Lake Malawi," 37 Mich. Int’l L. J. 351 (2016)

"Ratification of African Union Treaties by Member States: Law, Policy and Practice”, 13 Melbourne Journal of International Law 636 (2012).

"From the Organization of African Unity to the African Union: Rethinking the Framework for Inter-State Cooperation in Africa in the Era of Globalization”, 9 UBLJ 49 (2009).

"The Move from Institutions?: Examining the Phenomenon in Africa” 100 ASIL Proc. 294 (2006).

"South Africa and the African Union”, 1 Int’l Org. Law Review 103 (2005).

"Fast-tracking African Unity or Making Haste Slowly? A Note on the Amendments to the Constitutive Act of the African Union”, 51 Netherlands International Law Review 172 (2004).

"The Organization of African Unity/African Union and International Law: Mapping New Boundaries or Revisiting Old Terrain?”, 98 ASIL Proc. 232 (2004).

"The African Union, the Southern African Development Community and the New Partnership for Africa’s Development: Some Observations on South Africa’s Contribution to International Law-Making and Institution-Building in Africa, 1994-2004”, 29 South African Yearbook of International Law 5 (2004).

"The Constitutive Act of the African Union and Institution-Building in Post-Colonial Africa”, 16 Leiden Journal of International Law 157 (2003).

"Reimagining African Unity: Some Preliminary Reflections on the Constitutive Act of the African Union”, 10 African Yearbook of International Law 3 (2002).

"International Law-Making in Post-colonial Africa: the Role of the Organization of African Unity", 49 Netherlands International Law Review 81 (2002).

"United Nations Headquarters Agreement: Obligation to Arbitrate (Advisory Opinion)”, in Bernhardt, R. (Ed.), Encyclopedia of Public International Law, Vol. 4, (Amsterdam, London & New York: North-Holland/Elsevier, 2000), pp. 1125-1129.

"Environment and Development in Africa: Some Legal and Institutional Issues” in Tesi, M.K. (Ed.), The Environment and Development in Africa, (Lanham, MD: Lexington Books, 2000), pp. 79-102.

"Human Rights and Foreign Policy in Post-Apartheid South Africa”, in Forsythe, D. (Ed.), Comparative Foreign Policy and Human Rights, (Tokyo: UNU, 1999), pp. 250-275.

"Southern Africa’s Land Dilemma: Balancing Resource Inequities”, in Zeleza, P.T. & Kalipeni, E. (Eds.), Sacred Spaces and Public Quarrels: African Cultural and Economic Landscapes, (Trenton, NJ: Africa World Press, 1999), pp. 301-321.

"Implementing the Principle of Gender Equality through the Law: Some Lessons from Southern Africa”, 3 International Journal of Discrimination and the Law 249 (1999).

"The Incorporation of International Law and its Interpretational Role in Municipal Legal Systems in Africa: An Exploratory Survey”, 23 South African Yearbook of International Law 45 (1998).

"International Law as an Aid to the Interpretation and Application of Law in Municipal Legal Systems in Africa” in Zyl van, D. & Ajibola, B. (Eds.), The Judiciary in Africa, (Cape Town: Juta, 1998), pp. 47-63.

"Making International Law More Relevant and Readily Available” in UN Codification Division, Making Better International Law: The ILC at 50, (New York: United Nations, N.Y., 1998), pp. 346-361.