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. 

Micro, Small and Medium-Sized Enterprises and Non-Tariff Barriers in African Trade

Micro, Small and Medium-sized Enterprises (MSMEs) play a fundamental role in job creation and economic development in many countries. MSMEs account for about 90% of businesses and generate more than 50% of employment worldwide, with formal Small and Medium-Sized Enterprises (SMEs) contributing to about 40% of national income (gross domestic product (GDP)) in emerging economies. This article seeks to proffer action plans to be implemented at the national, regional and continental levels to assist MSMEs in realizing sustainable development and the underlying sustainable development goals (SDGs).

Manufacturing Inequality: Examining the Racial-Capitalist Logics behind Global Pandemic Vaccine Production

The COVID-19 pandemic has illuminated the stark inequities between the Global North and Global South in vaccine production and access. Such inequities are a continuation of asymmetrical power relations rooted in historical racialized processes such as slavery and colonialism and its post-colonial legacies, which led to the subordination of many countries in the Global South. This paper builds on racial capitalism scholarship within studies of the COVID-19 crisis, which critiqued the disproportionate mortality within populations and unequal labor relationships, presenting a novel contribution by thinking through the systemic impacts of racial capitalism on the production of essential medicines, and particularly COVID-19 vaccines, in global health. A deeper understanding of the systemic injustice in the international patent system enables us to center the experiences of the Global South through a re-examination of how international law sustains and encourages the geographic and racial stratification of vaccine manufacturing, which is now largely centralized in the Global North. The paper also calls for changing law and funding structures as mechanisms of reparative justice. While, on the one hand, law plays a role in sustaining racial-capitalist harms, it can also be used as a tool for facilitating reparative justice.

Of fissures and Reforms: Tracing Digital Transformation in Africa

This blog illustrates how excessive trust in and unaccountability of technological systems runs against digital transformation aims and argues that as an uncanny fixation on gains to be realised from technology becomes a mainstay, certain workings of technological development should not be overlooked.

Digitalising Trade Finance under the African Continental Free Trade Agreement: Lessons from the Model Law on Electronic Transferable Records

This piece considers how the Model Law on Electronic Transferable Records (MLETR) can serve as a model for the African Continental Free Trade Area (AfCFTA) Protocol on Digital Trade with respect to Electronic Transferable Record (ETRs).

The Impact of Cançado Trindade at the Inter-American Court of Human Rights: A Jus Gentium for the People

In this post, the author analyzes three individual opinions of judge Cançado Trindade as a judge of the Inter-American Court of Human Rights to assess the impact of his legal thought on the fight against impunity, the rights of Indigenous Peoples and social justice.

Safeguarding Sovereignty and Digital Transformation in Africa

This article consider the concept of digital and data sovereignty in Africa. It focuses on how the development of the digital economy can be effectively established in the African context, in light of Africa’s reliance on partnerships with third countries for internet access, and reliance on multinational service providers for access to consumer services with the digital economy.

Speaking to the Future: Judge Antônio Augusto Cançado Trindade lasting impact on International Law

In this post, the author reflects on judge Cançado Trindade’s last separate opinion to an Order concerning the Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda), of September 2020. This opinion provides an example of his views on the role of International Law and his believe that jus gentium must be at the service of the people. As a former judicial fellow of the International Court of Justice, the author presents a personal and powerful testimony of judge Cançado Trindade.

The Legacy of Antônio Augusto Cançado Trindade: Towards Building a New Jus Gentium

In this post, the author highlights the main contributions of judge Cançado Trindade in academia and as a judge. The author highlights his concerns about putting a person at the centre of International Law and how, in his separate opinions at the Inter-American Court of Human Rights and the International Court of Justice, he advocated for the humanization of International Law.

Le droit international des droits de l’Homme au service des individus – Prendre le nouveau Jus gentium au sérieux

In this post, the author highlights the contributions of Cançado Trindade as a judge and academic. While discussing his work as a judge of the Inter-American Court of Human Rights and the International Court of Justice, the author highlights his efforts to transform procedural and substantive norms as tools, not barriers, for victims to access Justice.

Symposium Introduction: Remembering Antonio Augusto Cançado Trindade and his Legacy: A Joint Symposium

Judge Antônio Augusto Cançado Trindade was a towering figure of contemporary international and public law. An internationally renowned jurist, he was judge of the Inter-American Court of Human Rights between 1995 and 2008 and its President between 1999 and 2004. In February 2009, he was elected as judge of the International Court of Justice, a position he held until his passing in May 2022. This symposium has been organized to honour the memory of Judge Trindade by engaging with his legacy and ideas.