This substantial volume sets out to establish the case for recognition of a new field of law. The editors propose a concept of African Union (AU) law – by analogy with the established body of European Union (EU) law – and argue for the need for such a concept in order to create “a platform to examine legal developments in Africa from an Afrocentric perspective”.
African Economic Community
A welcome discussion has emerged around ameliorating labour supply and demand mismatches across the globe by expanding labour markets. South Africa and Nigeria are among several African countries with a structural unemployment problem, characterised by labour market inefficiencies, such as slow pace of job growth and low productivity. It has long been suggested that structural unemployment problems could be eased through reducing barriers to geographical labour mobility, so combined with labour shortages at industrialised countries, the idea of expanding labour markets is mature. Yet, the returns to such labour mobility are not evenly distributed; increased labour mobility could redistribute skilled workers away from African to more productive industrial countries. Formal labour migration agreements should position themselves to address such human capital redistribution accordingly maximising the returns to contractual parties. Destination countries can mitigate the impacts of redistribution of skilled workers by committing to skill formation at source and to migrant selection practices that are inclusive of mid and lower-level skill sets. Countries of origin can improve their labour market conditions, to create, and retain skilled workers, including through adjustments of professional regulatory practices.
Electricity security is in today’s world a critical component for a well-functioning economy. Many African countries rely heavily on fossil fuels for electricity generation, while others have successfully harnessed renewable energy sources – Kenya being an example, with over 80% of its power generation being from renewable energy sources. With the global push to de-carbonise national economies, particularly the power sector, the interdependence of countries through electricity trade will become increasingly important. Countries are now only looking to develop their own clean energy capacity, but will in future, also seek to harness that of neighouring countries through cross-border power trade.
Here are some thoughts around these developments which could have both positive and negative implications for the region moving forward. West African leaders should consider these as they make their decisions about which approach to adopt.
The main goal of the international HRWS is to prioritise universal access to safe, affordable, accessible, adequate water and sanitation, including hygiene services. The human rights framework also has procedural requirements to ensure non-discrimination, public participation, transparency and accountability and the extraterritorial obligation to do no harm in the governance of WASH services. Water is understood as having diverse characteristics being simultaneously an economic, social, cultural, political and ecological good. This multiplicity of framings complicates the localization and mainstreaming of the HRWS in relevant institutions at various levels of governance, from the international to the local.
While the Nigerian Office for Trade Negotiations (NOTN) 2017 Nigerian Annual Trade Policy Report (NAPTOR) was an excellent step in the right direction, it is not enough. As such, in the spirit of the legal reform proposals that the CLRNN inaugural conference demanded, I urge the Nigeria government to develop and adopt a coherent and robust regional trade policy that will be updated from time to time to reflect the realities of the day.
Harmonisation of private international law in the African Union is currently remarkably underdeveloped. Since harmonisation is indispensable for the planned economic integration, it is essential to pursue further developments. To conclude, harmonisation of private international law in the African Union is an affair to be closely followed.
In order to address a scenario where a AfCFTA member might resort to the WTO and still want the dispute to be resolved under the AfCFTA’s dispute resolution protocol, then this article proposes that the latter Protocol should be amended to the effect that, matters raised in the WTO context and in AfCFTA’s context should be considered not to be the same.
August 19, 2019
One would be justified in thinking that AU member states have intentionally created a court which they consciously know they would hardly use given the inertia identified above. If the reforms that would extend standing to private parties are not undertaken, there is little guarantee that Member States will suddenly change their habits. Assuming for once that they trigger the mechanism, it is also very likely that, consistent with their practice for political solutions to legal problems, they would not proceed beyond the consultation and good offices stages provided in Articles 7 and 8 of the Dispute Settlement Protocol.