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. 

One Step Forward, Two Steps Backward: Progress Towards the EU’s Proposed Corporate Sustainability Due Diligence Directive and Provisions for Global South Participation in Due Diligence Processes

This brief contribution intends to analyse the three proposals, with a particular focus on how each proposal provides for, or fails to provide for (as the case may be), the participation of global south voices in the due diligence processes. Ultimately, I argue that as the draft makes its way through the legislative process, it appears that the EU seems to have taken one step forward but two steps backward as regards the provisions on the participation of global south rightsholders.

Symposium Introduction: The Digitalizing Continent: Challenges and Opportunities of Digital Transformation for Africa

The fourth Industrial Revolution (4IR) is marked by an intensive digitalisation process. Within the process, digital data (physical information converted into digital) and digital technologies restructure how things are done and values are created. Various initiatives and strategies from the very recent AU Data Policy Framework to the Africa Digital Transformation Strategy (ADTS), the Smart Africa Manifesto and the E-Commerce Protocol of the African Continental Free Trade Area (AfCFTA), which is still under discussion, are intended to galvanize such processes. The regulatory disparity, coupled with the path-dependent asymmetric relationship between actors shapes the degree of leverage they might have over the operation and outcome of such connectivity.

Roll out the Drums, or Not: Hits and Misses at COP 27

Loss and damage support was one of the key demands of African states and other developing countries at the 27th meeting of the conference of parties to the United Nations Framework Convention on Climate Change (COP 27). On November 20, 2022, a deal on L&D funding was announced. The development has been described as a “breakthrough”, “historical”, and “landmark” agreement. This however raises important questions for developing countries. To what extent do these new initiatives worsen the indebtedness of developing countries, constrain their fiscal space, and generally make it more difficult for such countries to thrive?

Data Protection Impact Assessment as a Human Rights Duty of State?

This blog examines the relationship between Data Protection and Human Rights. It argues that the State has a duty to respect the privacy rights of its citizens and this duty includes an obligation to conduct Data Protection Impact Assessment (DPIA) in cases of high-risk processing of personal data.

The Emerging role of African Sub-Regional Courts in Protecting Human Rights on the Internet

This blog provides an interesting perspective to the emerging roles of the African Sub-Regional Courts in protecting human rights in the African continent. It argues that Sub-regional courts such as the ECOWAS Court and East Africa Court are assuming crucial roles in protecting human rights on the Internet by expanding the institutional protection of human rights, flagging online human rights violations, fostering digital rights norms and setting the boundaries of acceptable behaviour for states on access to the Internet. It notes, however, that much still needs to be done in terms of enforcing these judgments in the continent.

The Unceasing War Against Corruption - A Study on the Financial Resources Plunder During the Covid-19 Pandemic In Malawi

The article draws attention to the financial resources plundered in Malawi amidst the COVID-19 Pandemic and highlights the pre-existing corruption problems in Malawi and its effects on the country's global and regional economic participation. It argues that domestic systems are insufficient to root out corruption and highlights the role of international systems in addressing corruption, and calls for more investment in international enforcement in the battle against corruption in Malawi.

Problematising Dr Stewart’s ‘Competition Regimes in the Caribbean Community and Sub-Saharan Africa’ - Thinking not only Race but also Class

This blog post invokes the use of works by Mahmood Mamdani in painting a Mamdanian framework as a tool to understand the nature and historical continuities underlining colonial power in sub-Saharan Africa and the Caribbean. It proceeds to argue that beyond a 'race' angle to competition issues in the caribbean, there is also a 'class' angle, which may be more frontal than the 'race' angle.

Economic and Environmental Trends affecting the participation of SADC countries in the International Market

This paper reflects on how current economic and environmental trends are impacting the trading capacity and overall economic performance of the Southern African Development Community (SADC) countries. To change the tide, the article argues that countries within the SADC region must invest in structured economic programs to meet the changing demands of the international market.

Southern African Development Community Economic Bloc and the implementation of the African Continental Free Trade Agreement: Challenges

This article argues that the Southern African Development Community (SADC) is not living up to its potentials. It identifies some of the challenges inhibiting the actualization of the SADC objectives and it proffers some solutions necessary to meet these challenges.

Looking at the Southern Africa Development Community Tribunal through the eye(s) of the WTO's Dispute Settlement Mechanism

This article provides interesting insights on the jurisdiction of the Southern African Development Community ("SADC") Tribunal. It also considers the impact of this jurisdiction on the settlement of disputes within the SADC region. The article also considers the extent to which the removal of private access from the Tribunal's jurisdiction affects the settlement of trade disputes within SADC; , and whether the Tribunal is reconcilable with the World Trade Organization ("WTO")'s dispute settlement mechanism, which is regarded as being one of the salient features of the international trading regime.