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. 

The Significance of the Eccentricity of the Draft Pan-African Investment Code

Without losing sight of the gaps in the PAIC, it is submitted that, even though it is not yet officially adopted as a binding instrument (given the uncertainty surrounding its official adoption), the PAIC can be important for African states. Primarily, as envisaged in its Article 2 (1), it can serve as a guideline for preparing model BITs as well as negotiating BITs with African and non-African states.

The Debtor’s Trident: The Prospective Business Rescue Proceedings in the Nigerian Insolvency Framework

Ultimately, the proposed Nigerian business rescue proceedings offer both a tool to restructure the company, as well a potentially potent weapon that can be used by the debtor to retain control till value in the company is depleted. It is important that the government limits the opportunities for debtors to ‘weaponise’ a tool that ought to be used to the benefit of the stakeholders as a group by urgently revising the procedure to limit the control rights allocated to the debtor before presidential assent is given to the bill. Finally, the government must provide resources to effectively translate the new approach to insolvency into  practice.

Commercial Law Reform in the Age of Integration: Of Stakeholders, Futility of Boundary-Marking and Strategies

The interconnectedness of commercial and other mundane human transactions has never been more reified than it is since the advent of new Information and Communication Technologies (ICTs). However, it bears observing that ICTs have helped in harnessing virtually every human and non-human endeavour into their commercial ramifications

The Commercial Law Reform Network Nigeria (CLRNN) Inaugural Conference Proceedings

The Commercial Law Research Network Nigeria (CLRNN) was established in 2019 to create a platform through which the suitability of reforms to the commercial law in Nigeria can be critically discussed. CLRNN creates a collaborative environment in which researchers with expert knowledge of Nigeria’s domestic and international contexts can engage on various commercial law subjects germane to Nigeria’s economy.

What is the Future of the East African Community (EAC) Common Market Protocol?

Since Kenya had made commitments, it is not far fetched to argue that non observance of these commitments especially regarding trade in legal services offends the EAC Treaty. This brings in the issue of remedies available at the East African Court of Justice. It is time this issue was addressed by the  East African Court of Justice (EACJ).

Should Ethiopia Join the WTO? A Cost Benefit Analysis

Joining the WTO will reduce the diverse economy that the Ethiopian government has been fostering. But if the government feels that WTO membership is necessary, then Ethiopia must take it’s time to negotiate more favorable terms in line with its development status and objectives. In particular, Ethiopia should not make the same mistakes as other newly joined nations and should not agree to undertake higher levels of commitments than is made absolutely necessary by the WTO rules and what other founding LDCs, such as Bangladesh, have made. Specifically, Ethiopia should seek to ensure that tariffs are bound at the highest rates possible.

TWAIL’s Blind Spots Concerning International Investment Law

Third world approaches to international law (TWAIL) is part of the critical branch of international legal scholarship and an intellectual and political movement. It is not easy to engage with TWAIL because of its heterogeneity. TWAIL serves as a kind of umbrella category that includes different theoretical and often conflicting ideological traditions. However, at the cost of oversimplification, it may be argued that TWAIL represents an endeavour to comprehend the history, structure, and process of international law from the perspective of third world countries that includes both third world governments and third world people

In EU-Africa Trade Relations: Africa is not Europe’s “Twin Continent”

There is a new struggle for Africa’s market. The contestants include the European Union (EU), United States (US), Russia, India and China. In this blog, I reflect on the new European Union -Africa Comprehensive Strategy proposals. The blog pushes against the Strategy’s revision of the historical relationship between the two regions which is built on embedded inequality. This is because, to be a true partnership, the unequal nature of the relationship between the EU and Africa must be centered. In the contest for its market, Africa has a unique opportunity to harness the competition tactically.

Women in International Economic Law

To finalise our International Women’s Day symposium on scholarship by women, this post highlights some women working on International Economic Law (IEL) that the editorial team put together in the last couple of days. This post is therefore by no means intended to be exhaustive. We encourage our readers to add to our list. Next year with more time, we hope to have an even more extensive list of women working in IEL.

Through Her Lens: Phenomenal Views on Intellectual Property Rights

The International Women’s Day is an opportune time to recognise and celebrate female scholars. This post spotlights five female scholars of African descent, Professor Ruth Okediji, Professor Olufunmilayo Arewa, Professor Caroline Ncube, Dr Amaka Vanni and Dr Chijioke Okorie, for their outstanding contributions to the multifaceted and often esoteric intellectual property rights (IPRs) debates