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. 

Balancing the Principle of Finality of Arbitration Awards and the Public Policy of Censuring Illegality: The Case of Nigeria v. P&ID

In Federal Republic of Nigeria v. Process & Industrial Developments Limited (‘Nigeria v. P&ID’),[1] the English court was faced with an application for extension of time to challenge an arbitration award delivered well over two years before the application. The court granted the application despite the delay, on the basis that there was a strong prima facie case of fraud involved. This paved the way for a thorough inquiry into the allegations of fraud, which if proven, would upset the validity and finality of the arbitration award. This article will review the judgment of the court in Nigeria v. P&ID and highlight its contribution to jurisprudence on determining the point at which an allegation of illegality will be allowed to threaten the finality of an award.

Can States Invoke the National Security Exception in the TRIPS Agreement in Response to COVID-19?

In theory, states may be able to invoke Article 73(b)(iii) in defence of measures that are implemented to tackle COVID-19. However, in this post, I have not sought to analyse whether or not invoking Article 73(b)(iii) is a realistic option for some states (especially those in the global south). In a separate post published here, I have suggested that, while (in theory) states might be able to invoke the security exception in the TRIPS Agreement in response to COVID-19, this is not necessarily a realistic option (especially for states that do not possess local manufacturing capacity).

Technological Innovation and COVID-19: Lessons for the AfCFTA

To ensure that innovative capacity is developed on the continent, it is pertinent to promote regional innovation. As a starting point, negotiators of the AfCFTA may consider including in the text appropriate provisions that will allow the collaboration and nurturing of innovative capacity in Africa. Open innovation is an approach that meets the needs of Africa and is worth considering.

Intellectual Property Rights: Global Rules, Regional and National Realities

In the webinar, the panelists brilliantly discussed salient subjects pertinent to global intellectual property (IP) rights rules and relevant implementation mechanisms at regional and national levels. In quintessential Afronomicslaw.org fashion, the discussions underscored Global South interests and reinforced the importance of fostering development-oriented IP systems.

The Fire Next Time: International Economic Law and the Existential Politics of Climate Change

It is time for international economic law to start paying serious attention. Law and politics have a complementary role in addressing the growing climate change crisis. Law has to pay attention to its antecedent: politics.

“I Can’t Breathe”: Confronting the Racism of International Law

In this essay, I argue for centering systemic racism in the study of international law. This is neither an original method nor argument when applied to legal education. Teaching law with a focus on context—systemic racism for example—has a long tradition.

Teaching and Researching International Law – A Kenyan Perspective

In teaching and researching international law in Kenya, the key shift that could be considered is the incorporation of critical perspectives, the increase in publication of international law scholarship by African scholars and the shift to more effective teaching strategies.

Problem-Based Learning as an Alternative Approach for Teaching International Law

Implementing PBL as a teaching method has its advantages and disadvantages. Until now, this method is still used mainly for small classes and students who opted for specialized courses under international law. Also, due to the exceptional circumstances of the outbreak of COVID-19, there has been a modification of the delivery of the PBL using different teaching tools as noted above. The development of learning methods and learning facilities continues to be carried out from time to time with adjustments to existing conditions in society, including the development of information technology.