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. 

South Africa and India's Leadership on the Waiver of IP Protections on COVID-19 Vaccines

On May 5th, 2021, following public enormous pressure, the United States decided to support the waiver of IP protections on COVID-19 vaccines to help end the pandemic. With the United States blocking of the proposal now out of the way, at least for now, negotiations will now begin. 

The North-South Trade Agreements and Integration in Africa: A Focus on the Proposed USA - Kenya Free Trade Agreement

It is important that the Global South countries and particularly African countries device approaches that aim at entrenching integration in their own regions. This is absolutely crucial now that African States have the ambition of increasing intra- African trade. Secondly, African governments need to approach FTA and EPAs with the countries in Global North with extra caution and with their development needs, economic situations, and integration ambitions in mind.

Ethiopia Has Enacted Its First Arbitration And Conciliation Proclamation

This article describes how arbitration and conciliation were treated in the old laws, and briefly outlines the new arbitration and conciliation proclamation by highlighting the unique provisions and in doing so contrasts and compares them to the old laws.

Digital Sales Tax in Africa and the Covid-19 Pandemic

It is imperative that a strategy and approach be undertaken to address MNE business models and challenges regarding taxing the digitalized economy, and that legislative measures are enacted to preserve or expand Africa’s tax base. Overall, the potential gains from Digital Sales Tax are significant, as inclusion of digital services tax, may subsequently increase revenue that may be utilised for developing States, particularly at a time of high State expenditure to alleviate the economic and social impact of Covid-19. You could include some benefits from countries that have imposed unilateral taxation legislation highlighted above to showcase the potential gains.

Shared Competence: East African Community's Achilles' Heel

This article examines the EAC’s competencies in trade negotiations as a transnational institution in light of this concern. Specifically, it aims to establish whether (or not) EAC Partner States are legally obligated to jointly negotiate with third countries.

Negative Effect of Competence-Competence in Mozambique Fishing Project Dispute: Case Headed to Arbitration

The Privinvest Group, (“Prinvinvest”), an Abu Dhabi, United Arab Emirates based holding company operating in the shipbuilding industry, has obtained a decision in the proceedings against it introduced by Mozambique to be stayed in favor of arbitration. The decision rendered on March 11, 2021 pertains to a jurisdictional dispute brought under Section 9 of Mozambique’s 1996 Arbitration Act relating to the competence of the arbitral tribunal.

The Performance of Africa's International Court: Book Review

The book is a robust piece of work that covers assessment of different subject matters in the East African Court of Justice (EACJ), the African Court of Human and People’s Rights, the defunct Southern African Development Community Tribunal, and the ECOWAS Community Court of Justice (the ECCJ). However, this review will centre on the chapters which focus on the ECCJ. This is not in any way a dismissal of chapters dedicated to other courts, it is simply in a bid to streamline this review and also a reflection of the specific research interest of the writer i.e. the quality of the ECCJ.

Book Review: The Performance of Africa's International Courts Using Litigation for Political, Legal, and Social Change

This essay reviews the chapter co-authored by James Gathii and Jacquelene Wangui Mwangi, The African Court of Human and Peoples’ Rights as an Opportunity Structure. Like the other chapters of the book, Gathii and Wangui’s chapter reiterates the main theme of the book while focusing on the African Court of Human and People’s rights (the African Court), which is the only dedicated human rights court in the region.

Book Review: The Performance of Africa's International Courts: Using Litigation for Political, Legal and Social Change

The Performance of Africa’s International Courts published under the International Court and Tribunals Series of Oxford University Press, should quickly become a canonical text for all scholars of international adjudication, and especially those of them concerned with its nature, uses and impact in Africa. The book’s editor (Prof. Gathii) and contributors make a significant contribution to “a second wave” of scholarship on Africa’s International courts. Previous scholarship on these courts had tended to focus on their potential to advance legal integration across the continent and offer human rights protection, and their evolution from full-time regional economic integration institutions to part-time human rights protection bodies.

Book Review: The Performance of Africa's International Courts, Using Litigation for Political, Legal and Social Change

The fact that Africa hosts the largest number of international courts and tribunals in the world warrants a closer review of their effectiveness. Previous scholarship has assessed these courts’ and tribunals’ effectiveness through the prism of compliance with their decisions. There has been little analysis of the wider impact that the courts and tribunals have on litigants, on the social, political and economic progress in the State concerned and on the values that the states that establish these courts seek to uphold and protect. This volume by African researchers with a record of writing on these courts and tribunals espouses a more nuanced Afro-centric approach which will serve as a further stimulus to analysing this important topic.