Analysis

The Analysis Section of Afronomicslaw.org publishes two types of content on issues of international economic law and public international law, and related subject matter, relating to Africa and the Global South. First, individual blog submissions which readers are encouraged to submit for consideration. Second, feature symposia, on discrete themes and book reviews that fall within the scope of the subject matter focus of Afronomicslaw.org. 

The African Union and Women’s Rights since its Inception

The Constitutive Act of the African Union (AU) was adopted on 11 July 2000 and came into force on 26 May 2001. The document has been described as 'the turning of a page in the history of the African continent' as it represented the beginning of a new era for the 'political, judicial, and economic organisation for Africa.' The Constitutive Act recognises gender equality as one of its principles.

African Agency, Agenda-setting in Public Health: The Africa Centre for Disease Control in Perspective

The African Union (AU) has reached its twentieth year, and this milestone offers an opportunity to reflect upon African agency and agenda-setting regarding the development of continental norms and practices within the AU's public health sphere of competence. This is particularly relevant in view of the current global pandemic. This paper argues that the establishment of the Africa Centre for Disease Control (CDC) under the Statute of the Africa CDC, its mechanisms and processes, especially in the AU's continental response to COVID-19, advances African agency and agenda-setting in public health. Importantly, some of the actions of the AU, as part of its continental response to COVID-19, require attention not only because they form the central argument of this paper but also because of the scant attention paid to the AU's continental response to the pandemic by scholars and others, in this regard.

The AU and ECOSOCC: Reflections on Reform and Increased Civil Society Participation

It is critical for the AU to become more open and aware of the role of CSOs in Africa and to engage with them meaningfully as partners in the continent's development, as opposed to its antagonistic relations with the CSOs on the continent. Meaningful and inclusionary engagement with CSOs is also essential and must allow for the input of expert CSOs as well as internationally funded CSOs. As mentioned in the preceding sections, the expertise and the critical voices of these CSOs can play an essential role in increasing the capacity of AU organs and ultimately amplifying the citizens' voices from a wider base.

Intervention in Response to Atrocities: The Contribution of the African Union to International Law

There are few provisions of the African Union (AU) Constitutive Act that has received as much attention in academic literature as Article 4(h). While Article 4(h) has yet to be acted upon by the AU, it has been the subject of praise, criticism and speculation as to its meaning.

The Trials, Tribulations, and Triumphs in Financing the African Union

As the AU enters its twenties, understanding and addressing its funding challenges must be embedded in the broader political economy of Africa and the world. Global fiscal justice will go a long way in enabling African agency through more self-funding and leadership in the AU's agenda-setting and programme implementation. The AU can and should balance the shouldering of a steadily increasing burden of funding itself with continued pragmatic partnerships. In so doing, the AU will be able to roll out its reforms without losing access to vital resources in the short-term.

African Union at 20: The Emergence of African Union Law and its Role in the Integration Effort

This short piece explores the role of norm generation at the continental level in Africa and its impact on the integration effort. It examines notable developments in Africa that impact the normative and legal developments, including colonisation, Pan-Africanism, the formation of the Organisation of African Unity (OAU) and the African Union (AU). Particular attention is paid to the AU Constitutive Act and its significance.

African Union's Quest for 'One Voice': A Mixed Picture

The African Union (AU) was built on these unresolved differences that persist to this day. The Constitutive Act of the African Union (Art. 3) assigns to the AU the responsibility to 'promote and defend common African positions on issues of interest to the continent and its peoples.' The AU Commission (AUC) Statutes assigned the task of 'drafting AU common positions and coordinating Member States’ actions in international negotiations' to a Secretariat that had no supranational mandate. The writing was on the wall.

Symposium on African Union at 20: AU @ 20: Red Flags of Implementation and Political Will Continue to Stall Much-needed Reform

As we mark the twentieth anniversary of the AU, it is an opportune time to take stock and assess the extent to which the organisation has achieved its broad mandate to deliver political, economic and social development to the continent.

TWAIL: Asserting Pride in Global South Epistemes through Critiquing the Silences of the Eurocentric Fantasies of the History of International Law (Part II)

It is terrifyingly sobering to consider that Hugo Grotius, historiographically considered, acting out a fundamentally TWAILian charge. Yes, he was not simply a young lawyer writing legal opinions. In fact, his point of view can be better appreciated when one considers that the supremely arrogant Treaty of Tordesillas had purported to share the world’s oceans between Spain and Portugal – Prof Anghie during the lecture chuckled at the ridiculous assertion of a certain property right to sea routes, once discovered. I dare say, the same will repeat with space routes in the not too distant future.