It is accepted that legal doctrine is a normative discipline, which is not only describing and systematising norms, but also predominantly a discipline which takes normative positions and makes choices among values and interests. Consequently, the quest to find “better law” by adopting certain interpretative or normative positions often leads to elements external to law and legal doctrine such as philosophy, morals, history, sociology, economy, and politics. Hence, looking for better law involves empirical research particularly as better, in the context of this post, refers to a historical and sociological perspective on the balancing of the Eurocentric make-up of international law. Thus, the teaching of precolonial African trade usages should be explicitly embedded into the public international law (and international trade law) curriculum in Nigerian universities. This has already been done in international relations programmes in some Nigerian universities.

In this article, I challenge this dominant narrative on the purpose of copyright law in Nigeria not because it is wrong, but because it has eclipsed the fundamental purpose of copyright law, which essentially is an attempt to balance the interests of the creators’ desire for financial reward and the users’ access to creative works to encourage the creation and dissemination of cultural works for societal benefit. In other words, the purpose of copyright law is to fairly manage the rights of the creator to earn rewards for his creativity and the right of the users to access information. I critique the understanding of the purpose of copyright law in Nigeria and whether the understanding of the underlying rationale for copyright law in Nigeria aligns with the purpose enshrined in the first copyright law (the Statute of Anne) enacted over three centuries ago. As the first copyright law, it necessarily implies that all other copyright legislation, including the current copyright law in Nigeria trace their legislative ancestry to the Statute of Anne.

This blog reflects on recent efforts for international investment agreements (IIAs) to extend human rights and sustainable development obligations to foreign investors. Prior to the recent adoption of the Nigeria-Morocco BIT in 2016, human rights language and foreign investor obligations were notably absent in Nigeria’s IIAs. This discrepancy - between attempts to attract foreign investment through IIAs and the failure to link these investments to socio-economic priorities in Nigeria – has led to palpable tensions within Nigeria’s dominant economic sector, oil production, but recent international law developments suggest a slow shift is happening.

The News and Events published every week include conferences, major developments in the field of International Economic Law in Africa at the national, sub-regional and regional levels as well as relevant case law.

November 25, 2021

AFRICAN UNION COMMISSION ON INTERNATIONAL LAW (AUCIL)

FIRST EDITION OF AUCIL AWARD FOR PhD THESIS ON INTERNATIONAL LAW

CALL FOR EXPRESSION OF INTEREST

ABOUT THE PRIZE

Nigeria’s role in shaping international intellectual property law deserves more scholarly attention. That is not to say that Nigeria’s role in this regard has not been acknowledged in the existing literature. For instance, Nigeria’s role as part of the state actors from developing countries that opposed the inclusion of intellectual property into the Uruguay Round that led to the creation of the WTO is well documented. Nevertheless, Nigeria’s role in other fora and venues where issues relating to international intellectual property law are being negotiated and discussed deserves more attention. In this regard, this blog post will focus on Nigeria’s role in the World Intellectual Property Organisation (WIPO). Due to constraints of space, it is not possible to provide an exhaustive examination of Nigeria’s contributions to WIPO’s work. The focus here will solely be on Nigeria’s role within the context of the work of WIPO’s Committee on Development and Intellectual Property (CDIP). The CDIP was established in 2008 after the adoption of WIPO’s Development Agenda in 2007 (more about this below). Specifically, this post will highlight the role played by Nigeria in securing the inclusion of an agenda item on ‘Intellectual Property and Development’ at CDIP.

There is renewed interest in the Nigeria- Sao Tome and Principle (STP) Joint Development Zone (JDZ). This is explored in a published chapter in the Nigerian Yearbook of International law (with co-authors). This chapter focused on the Nigeria-STP JDZ as an exemplar of a cooperative approach to maritime boundary delimitation and assesses the suitability of the particular JDZ model chosen. Therefore, this appears to be an excellent opportunity to explore the broader theme of maritime boundary zones of Nigerian vis-à-vis international maritime law. This essay argues that joint development in the spirit of a duty to cooperate within the Gulf of Guinea, will represent a Pan-African and sustainable vision, for the future exploration and exploitation of natural resources, including living resources such as Fisheries.

In this piece, I argue that Nigeria’s non-compliant behaviour is prevalent and entrenched in the field of international trade law, and that this behaviour is largely influenced by Nigeria’s perception of its national economic interests, which are underpinned by the protectionist policy of import-substitution. But Nigeria’s poor adherence to international trade rules should also be seen in the context of its general lack of commitment to the rule of law.

The News and Events published every week include conferences, major developments in the field of International Economic Law in Africa at the national, sub-regional and regional levels as well as relevant case law.

This essay reviews the book co-edited by Logan Cochrane and Nathan Andrews, The Transnational Land Rush in Africa: A Decade After the Spike. The book has three parts, in addition to the introduction and concluding chapter. The first part, Part I contain four chapters under the theme, The Land-Development Nexus: Grand Discourses, Social Injustice and Contestations. The second part, Part II encompass three chapter under Informality and ‘New’ Customary Land Tenure Landscapes theme. The third part, Part III contain two chapters under the Formalization, Domestic Agency and Legacies of Legal Pluralism theme. This review focuses on the book's third part, which includes studies from Ethiopia and the Democratic Republic of the Congo.