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NEWS: 12.16.2021

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.

Ambiguities in the AfCFTA Text: Red Herrings or Problems with Bearing on the Implementation of the AfCFTA

Its prudent to address questions having to do with the sequencing of the two Phases of the protocol and whether this sequencing was opted for practical reasons or if the ratification of the first set of the protocols is a precondition for the ratification of the second. The answer to this question will inter alia have implications on which States can participate in phase II negotiations and whether or not leapfrogging of protocols is a possibility for member States. Moreover, in light of the great appetite to realize the objectives of the AfCFTA and fast track trading under this instrument, it might be worth considering what incentives (price of entry) can be set to encourage early adopters.

Surmounting Challenges in Tax Revenue Collection in West Africa: A Precedential Insight

This paper has adopted a precedential approach by illustrating the approaches used by some developing countries in selected but similar regions with West Africa in solving their tax collection problems. This paper has also recommended some pathways to be walked by West African countries in order to considerably succumb the gravid challenges faced in the collection of taxes and mobilization of revenues. By adopting the recommended techniques, the immense efforts made by the governments of these countries in addressing the practical challenges facing their tax revenue collection can be duly compensated.

Conflict of Laws and Intra-African Commercial Disputes: To What Extent Does (Lack of) A Harmonized Pan-African Conflict of Laws Regime Support the AfCFTA Liberalization Agenda?

In addition to the pan-African convention, given the non-litigious nature of African countries, as hereinbefore stated, the jurisdiction of the AfCFTA DSM should be expanded to include private actors. The reality on the ground is that the state orchestrated bureaucratic diplomatic protection may not be a feasible option for a private party whose financial interests are at stake and need to be urgently resolved. Elsewhere, there have been calls for the establishment of an African Commercial Court as a one-stop court for the enforcement or annulment of the final award. However, it is my belief that just like calls for the establishment of a separate African Court of Justice led to, instead, the merger of the African Court of Human and Peoples’ Rights (ACHPR) and the African Court of Justice due to inter alia politics and finances, it would equally not be financially viable for the African Union to administer two courts, that is the African Commercial Court and the ACHPR. Alternatively, it may be financially sound to create a commercial division within the ACHPR or the African Court of Justice and Human and Peoples’ Rights as the case may be, to deal with commercial disputes that have commercial conflict of laws dimensions. The implication of this is that the AfCFTA DSM will still be active but only available to State Parties, whereas private actors whose home countries have made the Article 34(6) of the Protocol to the African Charter on Human and Peoples' Rights declaration can opt for the ACHPR DSM. This may act as an incentive and mount pressure on State Parties to fasten the amendment procedure of the AfCFTA DSM to expand its jurisdiction to accommodate private actors. This will give private actors an opportunity to be a major part of the dispute resolution process thus deeper economic integration. Either way, the AfCFTA liberalization agenda is achieved.

Investment Governance in Africa to Support Climate Resilience and Decarbonization

African nations have only marginally contributed to global warming relative to developed and emerging economies in the Americas, Asia, and Europe. However, the African continent will bear a disproportionate burden of the negative impacts of climate change. Climate-related challenges like flooding, drought, and intense heat waves will increasingly confront the continent at a worsening rate. African nations should not be expected to take the lead in addressing a climate emergency they did not create. The priority for Africa is to receive support and investment to build resilience and adapt to climate impacts.

Thirty Seventh Sovereign Debt News Update: Kenya’s Sovereign Debts Amidst Projections and Reality

The African Sovereign Debt Justice Network brings to you an update of African sovereign debt news and updates on events and happenings on and about Africa that reveal how sovereign debt issues are engaged by the various stakeholders.

Thirty Sixth Sovereign Debt News Update: IFIs, Paris Club and Africa’s Debt Dynamics

The African Sovereign Debt Justice Network brings to you an update of African sovereign debt news and updates on events and happenings on and about Africa that reveal how sovereign debt issues are engaged by the various stakeholders.