Economic Community of West African States

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.

Review IV: Energy Poverty and Access Challenges in Sub-Saharan Africa: The Role of Regionalism

This work assumes a benchmark position naturally when it comes to insightful discussion on energy access challenges in SSA. The readers will not only enjoy the reading but also aggregate value to their vision on the pivotal role of the regionalism as a tool through which SSA countries may gradually invert the status quo of energy access challenges.

Acknowledgement from Prof. Eleanor Fox and Dr. Mor Bakhoum to the Contributors of our "Making Markets Work for Africa" (OUP, 2019) Symposium

We are keenly following the unfolding developments in Nigeria and in the sub-Saharan countries that are on the cusp of adopting competition laws, and of course the developments in the AfCFTA as well as ECOWAS/WAEMU and other regionals. We hope to engage with these developments, and hope that our book can provide some insights and a perspective; a building block for moving forward towards a Voice for Africa.

Competition law and policy as a tool for development: a review of Making Markets Work for Africa: Markets, Development, and Competition Law in sub-Saharan Africa by Eleanor Fox and Mor Bakhoum

Fox and Bakhoum’s fairly broad analysis focusing on West, East, and Southern African countries brings to fore the real challenges at play in Africa. It is a fragmented, stratified yet at times vertically united legal and policy landscape. While they observe the need for convergence of competition law at the continental or regional level, they note the different states of developmental progress among sub-Saharan African countries hence concede the need for the fragmented approach

A Future Court without Cases? On the Question of Standing in the AfCFTA Dispute Settlement Mechanism

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.

Investor Responsibility towards Local Communities in Extractive Industry Projects in African Countries

Local communities, for their part, consider investor responsibility a necessary part of the fabric of international law and politics. While the AU works towards framing business and human rights in Africa along with global developments regarding a treaty on business and human rights and treaties such as the Morocco/Nigeria BIT, African peoples and communities continue to adopt available mechanisms as avenues for communicating their positions on these important issues and exercising agency on a subject that is of utmost importance to their wellbeing.