Tiyanjana Maluwa
H. Laddie Montague Chair in Law and Professor of LawTiyanjana Maluwa is the H. Laddie Montague Chair in Law and Professor of Law and International Affairs. He is also a Director Emeritus of the Penn State School of International Affairs, which he led as the inaugural director from 2007 to 2015. He previously worked as the Legal Counsel of the Organization of African Unity/African Union and, subsequently, as the Legal Adviser to the Office of the UN High Commissioner for Human Rights. Prior to joining the African Union, 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, Heidelberg, Germany. More recently, in 2017, he was a Visiting Senior Fellow at Kolleg-Forschungsgruppe (KFG) and a member of the KFG “International Rule of Law” research team at Humboldt University, Berlin. He became a member of the Institut de Droit International in 2021. 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. |
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814-865-8971Maluwa’s Publications
Selected Books and Monographs
The UN Security Council and the Maintenance of Peace in a Changing World (with Larissa van den Herik and Congyan Cai), (Cambridge University Press, 2024).
Dakar Guidelines on the Establishment of Hybrid Courts (with Kirsten Ainley, Phillip Ambach, Elena Baylis, Fidelma Donton, Mark Kesrten and Angela Madukuti), (LSE, Mono., 2019).
Dugard’s International Law — A South African Perspective (with John Dugard, Max du Plessis and Dire Tladi), (Juta, 5ed., 2018).
The Pursuit of a Brave New World in International Law: Essays in Honour of John Dugard, (with Max du Plessis and Dire Tladi, eds.), (Nijhoff/Brill, 2017).
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, Mono., 2013).
International Law in Post-Colonial Africa, (Kluwer Law International, 1999).
Administrative Justice in Southern Africa, (with Hugh Corder, eds., University of Cape Town Press, 1997).
Selected Book Chapters
“Development of African Union Law and Legal Norms”, in W. Okumu and A. Atta-Asamoah (eds.), The African Union at 20: African Perspectives on Progress, Challenges and Prospects (ISS, 2023), 50-74.
“African State Practice and the Formation of Some Peremptory Norms of General International Law”, in Dire Tladi (Ed.), Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Disputations (Brill, 2021), 259-301.
“The Contestation of Value-Based Norms: Confirmation or Erosion of International Law?”, in Heike Krieger, Georg Nolte and Andreas Zimmermann (eds.), The International Rule of Law: Rise or Decline?, (Oxford University Press, 2019), 311-334.
“South Africa in Africa: Assessing South Africa’s Participation in Organization of African Unity/African Union Treaties” in Tiyanjana Maluwa, Max du Plessis and Dire Tladi (eds.), The Pursuit of a Brave New World in International Law: Essays in Honour of John Dugard (Nijhoff/Brill, 2017), 264-302.
“The Development and Enforcement of Community Law in the African Regional Economic Communities: Conceptual Issues, Architecture and Institutions” in Charles C. Jalloh and Olufemi Elias (eds.), Shielding Humanity: Essays in International Law in Honour of Judge Abdul G. Koroma, (Nijhoff/Brill, 2015), 536-564.
“Beyond Rhetoric: Commitment to and Ratification of African Human Rights and Human Rights-Related Treaties”, in Tiyanjana Maluwa (ed.), Law, Politics and Rights: Essays in Memory of Kader Asmal (Martinus Nijhoff/Brill, 2013), 58-91.
“The Transition from the Organization of African Unity to the African Union” in A.A. Yusuf & F. Ouguergouz (eds.), The African Union: Legal and Institutional Framework — A Manual on the African Union (Martinus Nijhoff, 2012), pp. 25–52.
“Law”, in P.T. Zeleza & D. Eyoh (eds.), Encyclopedia of Twentieth Century African History, (Routledge, 2002), pp. 313-317.
“United Nations Headquarters Agreement: Obligation to Arbitrate (Advisory Opinion)”, in R. Bernhardt (ed.), Encyclopedia of Public International Law, Vol. 4, (North-Holland/Elsevier, 2000), pp. 1125-1129.
“Human Rights and Foreign Policy in Post-Apartheid South Africa”, in David P. Forsythe (ed.), Comparative Foreign Policy and Human Rights, (UN University Press, 1999), pp. 250-275.
“Environment and Development in Africa: Some Legal and Institutional Issues” in M.K. Tesi (ed.), The Environment and Development in Africa, (Lexington Books, 2000), pp. 79-102.
“Southern Africa’s Land Dilemma: Balancing Resource Inequities”, in P.T. Zeleza & E. Kalipeni (eds.), Sacred Spaces and Public Quarrels: African Cultural and Economic Landscapes, (Africa World Press, 1999), pp. 301-321.
“Making International Law More Relevant and Readily Available” in UN Codification Division, Making Better International Law: The ILC at 50, (United Nations, N.Y., 1998), pp. 346-361.
“International Law as an Aid to the Interpretation and Application of Law in Municipal Legal Systems in Africa” in D. van Zyl & Bola A. Ajibola (eds.), The Judiciary in Africa, (Juta, 1998), pp. 47-63.
“Refugees as a Factor in the Search for Peace and Security in post-apartheid Southern Africa” in Ibbo Mandaza (ed.), Peace and Security in Southern Africa, (SAPES Books, 1997), pp. 119-150.
“Law, Politics and Refugees in Southern Africa: Recent Developments in Refugee Law and Policy in Malawi” in G. Alfredsson & P. Macalister-Smith (eds.), The Living Law of Nations: Essays in Memory of Atle Grahl-Madsen, (N.P. Engel, 1996), pp. 113-132.
“The Legal Regime for the Protection of Refugees in Malawi” in Guy Mhone (ed.), Malawi at the Crossroads: The Post-Colonial Political Economy (SAPES Books, 1992), pp. 349-371.
Selected Articles
“Constructing African Union Law and Rethinking Supranationalism in African Integration: What Lessons from the European Union?”, 21 International Organizations Law Review 335 (2024).
“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”, 53 California Western International Law Journal 69 (2022).
“Constitutional Regulation of Conclusion of Treaties in Africa: Selected Cases from Anglophone and Francophone Africa”, 43 African Yearbook of International Law 231 (2021).
“Reassessing Aspects of the Contribution of African States to the Development of International Law through African Regional Multilateral Treaties”, 41 Michigan Journal of International Law 327 (2020).
“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”, (with Anton Katz), 27 Indiana Journal of Global Legal Studies 129 (2020).
“Oil Under Troubled Waters?: Some Legal Aspects of the Boundary Dispute Between Malawi and Tanzania over Lake Malawi”, 37 Michigan International Law Journal 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 University of Botswana Law Journal 49 (2009).
“The Move from Institutions?: Examining the Phenomenon in Africa” 100 ASIL Proc. 294 (2006).
“South Africa and the African Union”, 1 International Organizations Law Review 103 (2005).
“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).
“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 Revising Old Terrain?”, 98 ASIL Proc. 232 (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).
“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).
“Discourses on Democracy and Human Rights in Africa: Contextualizing the Relevance of Human Rights in Developing Countries”, 2 Journal of African Policy Studies 47 (1996).
“The Role of International Law in Interpreting and Protecting Human Rights under the Malawian Constitution”, 3 African Yearbook of International Law 53 (1995).
“The Refugee Problem and the Quest for Peace and Security in Southern Africa”, 7 International Refugee Law Journal 653 (1995).
“Southern African Land-locked States and the Right of Access under the New Law of the Sea”, 10 International Journal of Marine and Coastal Law 527 (1995).
“Democracy and Human Rights: The Significance of Human Rights Law to Developing Countries”, 6 African Law Review 24 (1995).
“Custom, Authority and Law: Jurisprudential Perspectives on the Theory of Customary International Law”, 6 African Journal of International and Comparative Law 387 (1994).
“International Human Rights Norms and the Interim Constitution of South Africa”, 19 South African Yearbook of International Law 14 (1993/4).
“Disputed Sovereignty over Sidudu (or Kasikili) Island (Botswana-Namibia): Some Observations on the International Legal Aspects”, 5 African Journal of International and Comparative Law 113 (1993).
“Human Rights and Refugees in Southern Africa: Some Perspectives on Recent Legislative Developments in Malawi”, 53 Zeitschrift fur auslandisches offentliches Recht und Volkerrecht 88 (1993).
“Succession to Treaties in Post-Independence Africa: A Retrospective Consideration of Some Theoretical and Practical Issues with special reference to Malawi”, 4 African Journal of International and Comparative Law 791 (1992).
“Towards an Internationalization of the Zambezi River Regime”, 25 Comparative and International Law Journal of Southern Africa 20 (1992).
“The Domestic Implementation of International Refugee Law: A Brief Note on Malawi’s Refugee Act of 1989”, 3 International Journal of Refugee Law 503 (1991).
“The Concept of Asylum and the Protection of Refugees in Botswana: Some Legal and Political Aspects”, 2 International Journal of Refugee Law 587 (1990).
“Treaty Interpretation and the Exercise of Prudential Discretion by the International Court of Justice: Some Reflections on the PLO Mission Case”, 37 Netherlands International Law Review 330 (1990).
“Environment and Development in Africa: An Overview of Basic Problems of Environmental Law and Policy”, 1 African Journal of International and Comparative Law 650 (1989).
“The Development of International Fluvial Law in Post-Colonial West Africa: the Senegal Regime”, 67 Revue de droit international 1 (1989).
“The Peaceful Settlement of Disputes Among African States, 1963-1983: Some Conceptual Issues and Practical Trends”, 38 International and Comparative Law Quarterly 299 (1989).
Selected Book Reviews
Abdullahi Ahmed An-Na‘im, African Constitutionalism and the Role of Islam, in 24 J. Law & Religion 101 (2008).
Fatsah Ouguergouz, The African Charter on Human and Peoples’ Rights: A Comprehensive Agenda for Human Dignity and Sustainable Democracy, in 13 African Yearbook of International Law 306 (2006).
P.T. Zeleza and P.J. McConnaughay (eds.), Human Rights, the Rule of Law and Development in Africa, in 26 Human Rights Quarterly 1098 (2004).
Nii Bruce-Lante, Claims to Statehood in International Law, (1994), in 30 International and Comparative Law Journal of Southern Africa 391 (1997).
Christof Heyns, Human Rights in Africa 1996, (1997), in 44 Netherlands International Law Review 301 (1997).
John Dugard, International Law: A South African Perspective, (1994), in 41 Netherlands International Law Review 379 (1994).
Edward Kwakwa, The International Law of Armed Conflict: Personal and Material Fields of Application, (1992), in 5 African Journal of International and Comparative Law 481 (1993).
Stephen C. Vasciannie, Land-locked States and Geographically Disadvantaged States in the Law of the Sea, (1990), in 40 Netherlands International Law Review 356 (1993).
Thomas W. Bennett, A Sourcebook of African Customary Law for Southern Africa, (1991), in 4 African Journal of International and Comparative Law 295 (1992).
Gino J. Naldi, The Organization of African Unity, (1989), in 2 African Journal of International and Comparative Law 493 (1990).
Taslim O. Elias, Africa and the Development of International Law, (2nd. rev. ed., R. Akinjide, 1988), in 1 African Journal of International and Comparative Law 727 (1989).
Penn State Dickinson Law and Penn State Law are reunifying to operate as Penn State University’s single law school, which will be known as Penn State Dickinson Law. While ABA approval for the reunification is pending, both schools are currently fully accredited. We submitted an application for acquiescence to operate as a single law school in July 2024 and plan to enroll a unified class in Fall 2025. Once reunification is complete, the separate faculties of each school will be members of the reunified Penn State Dickinson Law faculty.