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Negotiating the AfCFTA Investment Protocol: An Opportunity for Africa to Set its Own Investment Facilitation Agenda

In order to decide whether to include IF in the AfCFTA and how, African policymakers should be aware of all these different approaches and dynamics around Investment Facilitation to be able to set their own priorities in this relatively “new” area in international investment law, crafting an innovative and holistic approach for their future investment protocol. To date, international and regional approaches in IF are still in the making – making it easier for policymakers to identify what works best for Africa. In the process, policymakers can also leverage their own cutting-edge reform efforts on investment protection and regulation, and set a regional standard as a rule-maker – which could, in turn, influence ongoing or other future global processes on this topic.

The 4Rs of Covid-19: ‘Reflect’; ‘Repair’; ‘Reboot’; and ‘Revolutionise’

The global Covid-19 pandemic is an unprecedented shock hopefully many of us will not be alive to see another as disruptive and pervasive as this one. A health crisis that shut down the entire global economic and trading ecosystem for close to a year; a health crisis that has and continues to reconstitute human beings natural social conditioning; a health crisis that has demonstrated political rhetoric does exactly what it says on the tin ‘listen to my words but don’t see my actions’; and a health crisis that brazenly exposed the insatiable appetite for profit, inequality, and power. Indeed, the global pandemic, 18 months later, is proving that walking and chewing gum is a sticky situation for those who believe in the orthodoxy. This blog is a follow-up to a piece I wrote slightly over a year ago that focussed on the Kenya, and with the benefit of hindsight these reflections do ring true for several corners of the continent. As we begin to consider a world post pandemic, I present my 4Rs of Covid-19 of ‘Reflect’; ‘Repair’; ‘Reboot’; and ‘Revolutionise’ as we aim to build forward together.

Reflections on Day 2 of the AfIELN Biennial Conference: Covid-19 and International Economic Law: Africa’s Experiences and Responses

It is apparent that the issue of private creditors in relation to African sovereign debt is a ticking timing bomb in Africa. Africa, though rich in minerals, has slow economic growth and a serious debt problem. There is thus a need for a harmonised legal framework that deals with the issue of sovereign debt, set a limit on debt levels, and outlines how debt restructuring should occur. Africa cannot afford to wait for the active buy-in of other multilateral players in order to develop this legal framework; Africa needs to drive this initiative. In addition, both players—being African countries and private creditors—must take responsibility to avoid reckless lending. This can also be addressed in a much-needed comprehensive legal framework.

Reflections on Day 1 of the AfIELN Biennial Conference: COVID-19 and International Economic Law: Africa’s Experiences and Responses

This blog piece is a reflection on the core arguments from this conference. Notably, Prof. Arewa explored the broader relationship between Africa and international law governance. Within this general theme, Prof. Arewa discussed the link between copy-and-paste laws, the relationship between internal and external legal perspectives, the importance of measurement systems, the lack of understanding of our legal systems, and Africa's place in the COVID-19 vaccine struggle. This piece will evaluate Prof. Arewa and other speakers' thoughts on how COVID-19 brought Africa's broader problems into light, as well as the measures that could be taken to pivot for effective African solutions. This piece will specifically outline the speakers' views on the place and benefits of regional integration and the emerging digital economy's benefits to Africa. Finally, the piece will conclude by drawing the recommendations made as a way forward for Africa.

The Southern African Public Law Journal Launches New Blog: The Public Law Corner

August 22, 2021

In association with the Southern African Public Law Journal (SAPL), the Public Law Corner (PLC) is a contemporary space for legal practitioners, students, academics, and people beyond the legal sector to engage with relevant and current legal issues related to public law. Our main aim is to amplify all voices and issues in public law that are often excluded from formal publications.