Analysis

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.

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.

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.

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.

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.

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.

August 1, 2022

Babatunde Fagbayibo and Nciko wa Nciko Arnold

https://doi.org/10.25159/2522-6800/11284

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.

On a Saturday evening in Singapore in March 2022 – or as is in these days of webinars, evening, afternoon, morning as wherever one is on this fragile third rock from the Sun - Prof Anthony Anghie cheekily – yes, there’s a delightful cheekiness in his voice as one does when they know they intend to remind the Emperor of his nakedness – describes his critique of the eurocentric narrative of the foundation of international law by asking his audience to contemplate a few visual images that exemplify this narrative.

Recent developments in the cryptocurrency space have brought the 1942 Churchill words to the fore. Is this the beginning of the end of traditional currency? Or the end of the beginning of digital currency? In April 2021, the Central African Republic (CAR) signed a law adopting bitcoin as an official local currency, alongside the CFA franc. This was part of the country’s broad-based plans to solve exchange rate challenges and integrate cryptocurrencies into its financial system. The signing made the CAR the first African country and the second in the world after El Salvador (which took a similar step on September 7, 2021) to adopt bitcoin as a legal tender. However, CAR’s bitcoin experiment was a controversial move and sparked a backlash from regional and international financial organizations like the Bank of Central African States (BEAC) and the International Monetary Fund (IMF). However, the CAR’s Presidency believes that the move will “open up new opportunities” for the country. In this paper, I examine some of the political and economic implications of the “Bitcoin” experiment in CAR by answering two questions: is the adoption economically viable? Or is it an attempt to undermine the French-backed CFA franc and close ties with Russia?