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. 

Book Review Symposium IV: The African Continental Free Trade Area Agreement: Legal and Policy Frameworks (Routledge, 2024)

This book is a timely addition to emerging studies on the world’s largest Free Trade Area represented by the African Continental Free Trade Agreement (AfCFTA). Its introduction to the subject of economic integration in Africa under the AfCFTA marks a very crucial intervention as African countries begin to implement the phases of the AfCFTA as envisaged in the agreement. The AfCFTA represents the latest attempt at continent-wide economic integration to bring economic prosperity to the 55 economies that form the African regional market which is inclusive of smaller economies, albeit with great human and economic potential. When fully implemented, the AfCFTA is expected to propel Africa’s current income by as much as 7% by generating an additional income of USD 450 billion.

Book Review Symposium III: The African Continental Free Trade Area Agreement: Legal and Policy Frameworks (Routledge, 2024)

It could be boldly stated that Collins Ajibo, through his book titled The African Continental Free Trade Area Agreement: Legal and Policy Frameworks, sets out to fill this gap. The book provides a comprehensive assessment of African economic integration through the lens of International Economic Law. Its analysis is contextualised within the prevailing regional economic integrations, the WTO and the peculiarity of the AfCFTA. It also illustrates the complex interplay of diverse factors that shape the AfCFTA. In doing so, the book accomplishes these by providing interpretative guidance on the AfCFTA; providing guidance to traders, investors, and businesses to optimise opportunities afforded by the AfCFTA; and proffering suggestions to make the AfCFTA successful, that is to achieve sustainable development, Sustainable Development Goals, and other extant objectives. However, the book notes that the realisation of the above objectives is hugely dependent on the low development dynamics.

Book Review Symposium II: The African Continental Free Trade Area Agreement: Legal and Policy Frameworks (Routledge, 2024)

Ajibo’s The African Continental Free Trade Area Agreement: Legal and Policy Frameworks offers a comprehensive analysis of the African Continental Free Trade Area (AfCFTA) Agreement, its challenges, prospects, and recommendations for future directions. The book equally explores the AfCFTA Agreement’s expected impact on economic growth, regional integration, and legal harmonisation, together with its Protocols, thereby serving as the go-to text for students, researchers, and legal practitioners interested in the ambitious goals of the AfCFTA Agreement. Although other textbooks have been written about the AfCFTA, Ajibo painstakingly adds some twists to this text as he examines the AfCFTA Agreement together with its protocols, such as the Protocols on Trade in Services, Trade in Goods, Investment, Intellectual Property, Rules on Dispute Settlement, and Competition Policy.

Book Review Symposium I: The African Continental Free Trade Area Agreement: Legal and Policy Frameworks (Routledge, 2024)

Collins C Ajibo’s important book, The African Continental Free Trade Area Agreement: Legal and Policy Frameworks (Routledge, 2024), accomplishes an impressive systematization of the AfCFTA and its protocols, offering critical insights into the policy decisions which inform this international law regime. The AfCFTA is transforming international law, and Ajibo discusses with expertise its most salient innovations, including its extensive interlinkage to sustainable development goals and other regimes, along with concrete proposals for its successful implementation.

Book Review Symposium Introduction: The African Continental Free Trade Area Agreement: Legal and Policy Frameworks (Routledge, 2024)

The African Continental Free Trade Area Agreement: Legal and Policy Frameworks provides a comprehensive assessment of the African economic integration through the prism and principles of international economic law. The analysis is contextualized within the prevailing regional economic integrations, the WTO and the peculiarity of the African Continental Free Trade Area (AfCFTA). Similarly, legal analysis is bolstered by the political economy of the AfCFTA, illustrating the complex interplay of diverse factors that shape the AfCFTA.

Rethinking How International Law is Taught in Universities

Efforts to decolonize international law to make it more universal and inclusive have been underway for some time, with varying degrees of success. One prominent approach in this pursuit is Third World Approaches to International Law (TWAIL), which seeks to challenge and rethink international law from perspectives that center the experiences and histories of the Global South. However, TWAIL does not prescribe a specific methodology, allowing scholars flexibility in their approaches but sometimes making it challenging to delineate clear tenets that define TWAIL as a coherent scholarly tradition. In the context of developing cohesive methodologies for this discipline, "Third World" scholars have made great efforts to refine and implement a more inclusive framework. This Insight presents some progress achieved while highlighting the challenges encountered in different areas of international law across regions like Asia, Latin America, and Africa, where scholars have embraced TWAIL to reframe and advance the teaching of international law.

The Inter-American Court’s Advisory Opinion on Climate Emergency and Human Rights: A Breakthrough for the Environment and Business & Human Rights

In July, the Inter-American Court of Human Rights released its Advisory Opinion on Climate Emergency and Human Rights. The findings of the Court establish a clear path on how states must address climate change under a human rights and environmental perspective. The purpose of this post is to assess the main environmental breakthroughs of this Advisory Opinion as well as the business & human rights assessment the Court does on this matter.

Preferred in Principle, Penalised in Practice: Afreximbank and the Politics of Preferred Creditor Status*

This paper examines the contested claim that the African Export-Import Bank (Afreximbank) enjoys Preferred Creditor Status (PCS), particularly in the context of its recent downgrade by Fitch to BBB-. While Afreximbank cites provisions in its founding treaty as evidence of such status, the realities of sovereign debt restructuring suggest that PCS is not a legally enforceable right, but a practice shaped by consistent behaviour and market consensus. The analysis argues that, despite normative justifications advanced by African multilateral development banks and sympathetic scholars, the inconsistent treatment of Afreximbank’s claims by African sovereigns has weakened its path toward recognition. Drawing on recent debt workouts in Ghana and Zambia, the paper highlights how systemic pressures and the absence of a global debt resolution framework have compelled member states to treat Afreximbank as an ordinary creditor. It concludes that recognition of PCS for regional development banks cannot be achieved solely through legal assertion or treaty clauses. Instead, it must be earned through consistent practice, reinforced by institutional behaviour, and ultimately sponsored by a reformed global financial architecture. In the interim, the creation of a differentiated PCS tier for regional development banks could serve as a pragmatic step toward balancing developmental imperatives with restructuring realities.

Book Review IV of The African Continental Free Trade Area Agreement: The Development of a Rules-Based Trading Order - Sub-National Governments, Cities and the AfCFTA

Professor Kofi Kufuor, in his recent book on the African Continental Free Trade Area (AfCFTA), dedicates a chapter to African sub-national governments (SNGs), cities and the AfCFTA (generally see Kufuor, 2024: chapter 6, 148-160). In this chapter, Kufuor makes a compelling observation that cities and sub-national governments (SNGs) are absent from the AfCFTA complex (Kufuor, 2024: 148). He proceeds to explain this absence and the need for their inclusion. This review critically reflects on Kufuor's assessment, drawing on the emerging literature on paradiplomacy in the African context and the engagement of SNGs and cities with integration in Africa.