The Theme of the 46th Annual Conference of the Nigerian Society of International Law
The theme of the 46th Annual Conference of the Nigerian Society of International Law, held on Tuesday, 21st and Wednesday, 22nd October, 2025 at the Nigerian Institute of International Affairs, is “State Sovereignty and Security in a Challenging Era: Interrogating the Efficiency of International Law.” This theme raises several critical questions about the nature of state sovereignty, the meaning of security in a challenging era, and the relationship between these two concepts. It also prompts an examination of how international law functions in contemporary global affairs.
One of the key issues raised by the theme is the question of permissible lawlessness in international relations. The term “permissible lawlessness” refers to situations where actions that would normally be considered unlawful are accepted or tolerated by the international community. This phenomenon is particularly relevant in the context of African states, where unconstitutional changes of government have become increasingly common.
Cases of Permissible Lawlessness
Permissible lawlessness can be observed at both the municipal and international levels. At the municipal level, for example, in Nigeria, the executive branch of government has been accused of abusing its powers through acts of executive lawlessness. This has led to calls for the removal of immunity clauses in the constitution, as noted in various academic articles.
At the international level, the United Nations Charter prohibits the use of force against the territorial integrity or political independence of another state. However, this prohibition is not always respected, and the use of force in self-defense is permitted under certain conditions. This creates a complex dynamic in which international law is both a tool for maintaining peace and a source of potential conflict.
The Role of International Organizations
International organizations such as the African Union (AU) and the Economic Community of West African States (ECOWAS) have taken a strong stance against unconstitutional changes of government. For example, ECOWAS has threatened military action against countries like Mali, Burkina Faso, and Niger, which have experienced coups. These threats have prompted some countries to withdraw from ECOWAS and form new alliances, such as the Alliance des Etats du Sahel (Alliance of Sahel States). Despite these efforts, the problem of coup-making persists, indicating that permissible lawlessness remains a significant challenge.
The Recidivist Character of Unconstitutional Changes of Government
Unconstitutional changes of government in Africa have a recidivist character, meaning that they tend to occur repeatedly. This pattern is evident in several cases, including the coups in Togo, Chad, Mauritania, Niger, Mali, and others. In many of these cases, the rationale for the coups has been the alleged failure of democratic leaders to govern effectively, leading to instability and insecurity.
For example, in Togo, the military installed Faure Gnassingbe after the death of President Gnassingbe Eyadema, despite the constitutional requirement that the Speaker of the Parliament should take over power. Similarly, in Chad, the military installed the son of the deceased president, bypassing the constitutional process. These actions highlight the challenges faced by international organizations in enforcing the rule of law and promoting democratic governance.
The Impact of Coup-Making on International Law
The prevalence of coup-making in Africa raises important questions about the efficiency of international law. While international law aims to promote peace and security, its effectiveness is often undermined by the actions of powerful states and the lack of compliance with international norms. This is particularly evident in cases where powerful states prioritize their national interests over the principles of international law.
In addition, the international community’s response to coup-making varies, with some cases receiving more attention than others. For example, the coup in Burkina Faso in 2015 was quickly addressed by the international community, while other coups have received less attention. This inconsistency highlights the challenges faced by international law in ensuring equal treatment and accountability for all states.
Conclusion
The 46th Annual Conference of the Nigerian Society of International Law provides an opportunity to examine the complex interplay between state sovereignty, security, and international law. The issue of permissible lawlessness in international relations remains a significant challenge, particularly in the context of African states. As the conference explores these issues, it is clear that the efficiency of international law will depend on the willingness of states to respect and uphold its principles.
