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. 

Patent Games in the Global South: Pharmaceutical Patent Law-Making in Brazil, India and Nigeria (Oxford: Hart, 2020) ISBN, HB: 9781509927395, 240 pp.

In light of the current global health crisis caused by COVID-19 pandemic and the attendant discussions on the importance of pharmaceutical patents to our daily existence, the analyses in this book (and the symposium) performs an important function in documenting the role of different sets of actors and their influences on the domestic implementation of global patent rules, access to medicines, and how these (in)actions led us to where we are today.

COVID-19, Climate and Clean Fuel: Charting a path for Africa’s Inclusive Green Economic Recovery

As the TCP clean fuel case study demonstrates, an intersectional approach is needed in order to address the pre-existing issues of climate change and income and gender inequality and the manifold impacts of the pandemic on health, wealth and stability of nations across the African continent. One approach with a lot of potential is to support private sector development by encouraging collaboration between the public, NGOs and private sectors as demonstrated by TCP’s clean fuel initiative.

Chinese State-Owned Enterprises' Investment in Africa: An Unequivocal Role?

This post ultimately urges for a nuanced approach to China’s involvement in Africa, turning the “black-and-white” critiques into catalysts for change. Endemic and systemic issues associated with Chinese SOEs may exist, which may be partly attributed to their lack of know-how in overseas operations as well as to cultural differences. Identifying those issues allows for a maximisation of benefits for both the Chinese SOE and the African counter-part. To achieve that, further joint efforts should be engaged by African countries, China and Chinese SOEs.

The Practicality of the Enforcement of Jurisdiction Agreements in Nigeria

In recent years, Nigeria has been making frantic efforts to turn around its economy. There is a consistent drive at improving the ease of doing business, and various investment promotion laws have also been enacted to that effect. However, we seem not to appreciate the nexus between PIL and the promotion of cross border commercial transactions. We agree with Dr Oppong that PIL has a role to play in making Nigeria attractive for international trade and commerce. International businesspersons are more interested in economies that enforce contracts, protect and secure property rights, and have simple and efficient dispute resolution mechanisms in place. Jurisdiction agreements are part of contractual terms.

Presence as a Basis for International Jurisdiction of a Foreign Court under Nigerian Private International Law

This paper acknowledges that the requirement of presence of the defendant in the territory of the foreign court at the time of service ensures that the proceedings are conducted in accordance with the principles of natural justice. If the defendant was not present, the necessary originating processes may fail to reach him, or at least in good time, so as to have sufficient time to defend his case.

Rethinking Corporate Accountability

Despite the increasing popularity of MSIs, it is clear that self-regulation through this governance model is not the answer to driving corporate accountability for matters of public concern such as human rights protection. In a report released in July 2020 by MSI Integrity, a non-profit originally dedicated to understanding the human rights impact and value of MSIs, it was found that MSIs are not effective tools for holding corporations accountable for abuses, protecting rights holders against human rights violations, or providing survivors and victims’ with access to remedy. The report showed that we need to rethink the role of MSIs and the presence of an MSI in an industry should not be a substitute for public regulation.

Roadmap to the digital tax debate for developing countries

This article reviews the policy advancements on digital taxation, the individual initiatives that some developed countries have enacted, and considers some recommendations for developing countries to address future changes. It also contains a brief analysis of the Ecuadorian VAT reform for digital services and other possible options that need to be considered by the country.

Breaking Bad or Breaking Safely

Critique comes cheaply, one may retort, but the current state of affairs is not better. Rogue countries (ironically again, led by the purported leaders of the OECD, such as the United Kingdom and France) were able to capture a share of what they believe they “deserve” in the form of taxation of the large tech MNE in various forms of “new” taxes that are supposedly external to the international tax regime and therefore not viewed as its violation.