Book Review: The Performance of Africa's International Courts Using Litigation for Political, Legal, and Social Change

This essay reviews the chapter co-authored by James Gathii and Jacquelene Wangui Mwangi, The African Court of Human and Peoples’ Rights as an Opportunity Structure. Like the other chapters of the book, Gathii and Wangui’s chapter reiterates the main theme of the book while focusing on the African Court of Human and People’s rights (the African Court), which is the only dedicated human rights court in the region.

Book Review: The Performance of Africa's International Courts: Using Litigation for Political, Legal and Social Change

The Performance of Africa’s International Courts published under the International Court and Tribunals Series of Oxford University Press, should quickly become a canonical text for all scholars of international adjudication, and especially those of them concerned with its nature, uses and impact in Africa. The book’s editor (Prof. Gathii) and contributors make a significant contribution to “a second wave” of scholarship on Africa’s International courts. Previous scholarship on these courts had tended to focus on their potential to advance legal integration across the continent and offer human rights protection, and their evolution from full-time regional economic integration institutions to part-time human rights protection bodies.

Book Review: The Performance of Africa's International Courts, Using Litigation for Political, Legal and Social Change

The fact that Africa hosts the largest number of international courts and tribunals in the world warrants a closer review of their effectiveness. Previous scholarship has assessed these courts’ and tribunals’ effectiveness through the prism of compliance with their decisions. There has been little analysis of the wider impact that the courts and tribunals have on litigants, on the social, political and economic progress in the State concerned and on the values that the states that establish these courts seek to uphold and protect. This volume by African researchers with a record of writing on these courts and tribunals espouses a more nuanced Afro-centric approach which will serve as a further stimulus to analysing this important topic.

Book Review: The Performance of Africa's International Courts: Using Litigation for Political, Legal and Social Change

Even though Africa has proven to be a fertile ground for testing international legal regimes, most scholarly accounts remain pessimistic in assessing these experiments. This book seeks to counter these depictions in a manner consistent with epistemologies of the Global South - arguing that theories and concepts developed in the Global North do not transfer with ease to other regional settings and prompts scholars to identify alternative ways of knowing

A Venue or a Decision Maker? The Constitutional Function of African Regional Courts

While exercising constitutional function, one  may suggest the use of some avoidance tactics discussed here. Doing justice in individual case might require court orders with robust remedies. How to master the splits? Clearly, the book does not only answer such pertinent research questions, it also opens new fields for research. It is a must read for everybody interested in regional integration, constitutional law and access to justice in Africa.

Book Review Symposium Introduction: The Performance of Africa's International Courts: Using International Litigation for Political, Legal, and Social Change, OUP, 2020 edited by James Thuo Gathii

I got very interested in Africa’s international courts more than a decade ago when I was writing a book on Africa’s trade regimes. I was surprised to learn that Africa’s international courts, although established as trade courts had ended up being human rights courts. I soon realized that the first generation of scholarship on Africa’s international courts had transplanted analytical tools for assessing their performance that did not showcase the entirety of their impacts. The moment between that realization and The Performance of Africa’s International Courts: Using International Litigation for Political, Legal, and Social Change, OUP, 2020 was a long five years. This book project has therefore come a long way from April 2016 when I hosted an authors’ workshop.

The Role of Trade Facilitation in Addressing Non-Tariff Barriers in the African Continental Free Trade Area

This article discusses the significant role of the role of trade facilitation in addressing NTBs in the AfCFTA. The article is divided into six parts. The first part outlines the various types of NTBs. The second part discusses trade facilitation. The third part discusses the trade facilitation and elimination of NTBs at the African regional level. The fourth provides an account of trade facilitation and removal of NTBs under the AfCFTA. Part five provides the concluding remarks. The sixth and last part offers some recommendations for the implementation of trade facilitation commitments under the AfCFTA Agreement with a view of effectively curbing NTBs in intra-Africa trade.