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News: 22.02.2024

The News and Events category publishes the latest News and Events relating to International Economic Law relating to Africa and the Global South. Every week, Afronomicslaw.org receive the News and Events in their e-mail accounts. 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. News and Events with a Global South focus are also often included.

Book Review: Sixty Years after Independence, Africa And International Law: Views from a Generation

This long-awaited book provides a fresh view of how international law is forged, implemented and practiced in Africa, offering a global vision of the position that the African continent presently occupies in the international legal order. In addition to some contributions by European authors, the book mostly gathers young African scholars (including the editor, one of the most promising African international lawyers of our times) who consider different aspects of international law.

Nigeria v P&ID and its Effect on UNCITRAL Model Law Arbitration

Justice Robin Knowles’ decision in the Nigeria v. P&ID case has received, rightly so, its fair share of international attention from arbitrators, scholars, legal practitioners and commentators alike. The decision has had a seismic effect, if not drawing significant attention, on the international arbitration landscape, for two reasons. Firstly, while the subject award is not the first to be set aside on account of fraud and/or breach of public policy of the seat of arbitration, such decisions are rare and far in between. One would have to go back years, if not decades, to find an award set aside on these grounds. Secondly, the decision has significantly redefined arbitration as we understand it, shaking it to the core, reigniting discussions on its viability and suitability, particularly in matters regarding investor-state disputes.

Call for Papers: The African Renaissance and International Cultural Heritage Law

The special issue aims to spot the incommensurable potential of African heritage and encourage its local protection for the benefit of local communities and sustainable development. It also aims to highlight the promises and pitfalls of current international cultural heritage law in safeguarding African cultural heritage and harnessing its potential for promoting sustainable development. International cultural heritage law has developed using European conceptions of cultural property protection. As a result, it rarely reflects current African realities. Are there ways to adapt or use the existing legal frameworks to promote cultural protection and sustainable development in Africa? Discussions on alternatives for protecting African cultural heritage at the regional and continental levels, or reviews of any such extant mechanisms, are encouraged. Good practices that African countries can learn from or export to other countries are also welcome. Pertinent case studies are welcome too.

The AfCFTA’s Digital Trade Rules are Not Fit for Africa

African heads of state are slated to meet this weekend for the 37th Ordinary Session of the Assembly of the African Union and they could be prompted to make an unforced error that could weigh heavily in the continent’s plans to promote digital industrialization and the bridging of the digital divide.

UNCTAD-AIB Award for Research on Investment and Development

Febuary 13, 2024

As you might be aware, and as per our discussions during the 8th World Investment Forum in Abu Dhabi, UNCTAD and the Academy of International Business (AIB) now accept policy-oriented papers on international investment in development from PhD students and early-career researchers with no more than 5 years of experience.

Another blow to ECOWAS’ regional governance architecture….?

As has previously been noted, unconstitutional change of government by other means have led the bloc - and the African Union - to where we are today by undermining both continental and regional governance agendas. If ECOWAS really wants to be serious about governance going forward, it needs to put aside meaningless bluffs, and instead focus on cleaning house, both by updating and refining its instruments and taking a firmer stand against all forms of unconstitutional changes of government. 

Towards an effective and efficient Multilateral Investment Court in Sub-Saharan Africa: Combating Corruption.

Although the problem of corruption is widespread, in Sub-Saharan Africa, corruption is endemic. There is surmounting evidence that corruption is rapidly impairing political, economic and social development in the Sub-Saharan region of Africa. The effects of corruption on economic growth and economic efficiency have discouraged foreign investment in that part of the African continent. Given the prevalence of corruption, the establishment of a Multilateral Investment Court (MIC) would be noble and timeous in Sub-Saharan Africa. The MIC would offer a platform for a strong dispute-resolution mechanism in dealing with corruption, and this would be mutually beneficial to foreign investors and Sub-Saharan African states. Foreign investors need to hedge their investments and the African states need foreign investment for their economies to grow. An assurance of an independent and efficient corruption-related dispute settlement mechanism would boost investor confidence, thereby attracting investment and development in the region.

Climate Action in Africa in 2024: Lessons to Draw from the Outcomes of the 28th Meeting of the Conference of Parties to the United Nations Framework Convention on Climate Change (COP 28)

The first Global Stocktake took place at COP 28. The findings were concerning but not surprising. The Paris Agreement’s goal of keeping global average temperature well below 2oC above pre-industrial levels and aiming for 1.5oC remains out of reach. 2023 is set to be the warmest year on record. Only about one fifth of the total carbon budget for a 50% probability of limiting global warming to 1.5oC remains. Adaptation responses remain fragmented, inadequate, and unequally distributed.

One Hundred and Eighth Sovereign Debt News Update: Nigeria’s Public Debt to hit N95trn as Senate Approves President Tinubu’s Request to Securitise N7.3 trillion owed to the Central Bank

It remains imperative for both the executive and lawmakers to find the political will to push for judiciousness in debt management; thus, eliminating the danger of excessive and unproductive debt. The government of Nigeria must adopt responsible borrowing practices in order to arrive at a sustainable debt stock. As it stands, the Ways and Means advances facility may be prone to abuse if Presidents can easily approach the CBN for loans without repaying and transferring the burden to the average citizen. The AfSDJN recommends that the Tinubu administration only approaches the Central Bank as a “lender of last resort” in strict conformity with Section 38 (1) of the CBN Act. The Federal Government must devise more proactive ways of raising revenue to reduce such borrowing activities as it increases Nigeria’s debt servicing burden as highlighted. Convened by Afronomicslaw.org with the support of Open Society for Southern Africa, (OSISA), the AfSDJN's activities are tailored around addressing the threats that sovereign debt poses for economic development, social cohesion and human rights in Africa. It advocates for debt cancellation, rescheduling and restructuring as well as increasing the accountability and responsibility of lenders and African governments about how sovereign debt is procured, spent and repaid.