Economic Development

This contribution aims to examine Nigeria’s use of Green Bonds as an example of an innovative policy initiative which has the potential to promote economic development while simultaneously reducing Nigeria’s carbon emission levels.

With an increase in the spread and impact of independent regulatory agencies, Africa now has a nascent but significant network of competition authorities and other economic regulators. This growth in African regulatory practice and influence contribute to the value of adding competitiveness to the theory and practice of African regional integration. To add competitiveness may well increase the total benefits and speed of these developments of multinational agreements and regional integration. A competition policy for Africa consistent with developmental integration should attend to enforcement institutions (courts and authorities) and be flexible regarding its national/supranational balance.

Fox and Bakhoum contextualize competition law by describing (in chapters 2 and 3) the structure and other key characteristic of markets in numerous African countries, including the economic and political history of those countries and their markets, as well as the legacies of colonization and decolonization – and by highlighting more broadly the economic challenges and needs of the people of Africa.

We are proud to present this book symposium on Professor Eleanor Fox & Mor Bakhoum’s wonderful new book titled Making Markets Work for Africa: Markets, Developments, and Competition Law in Sub-Saharan Africa. This 2019 book from Oxford University Press is the most comprehensive look at the role that competition law can play in promoting economic development as well as fairness and equity in the diverse economies of Sub-Saharan Africa.

While the establishment of a free trade area is categorically provided for as one of precursor stages to the AEC, it is appears to have been envisioned as being established primarily at the regional level (article 2 (d)), and not necessarily at the continental level. This was very much in line with the strategy to build the AEC through the RECs. The AEC Treaty did not get into the modalities of the establishment of the prospective free trade area, neither did it mention a further protocol in that regard. Whether this omission was deliberate, is subject to speculation, but perhaps it may have been based on the belief that RECs would be the drivers of free trade areas as opposed to a focused continental framework or mechanism.

As the AfIELN celebrates 11 years and its 4th conference, there is a good reason for optimism that the coming years will see the network play a critical role in shaping the implementation of the AfCFTA. The AfIELN is well positioned to provide a support system for the AfCFTA and the broader African economic system. The  AfIELN is in this enviable position for several reasons most notably because it has become an incubator for the growth and development of early career researchers working in the area of International Economic Law both within and outside the African continent through strategic partnerships with relevant organisations and the organisation of research and networking events.

Attracting foreign investment while holding transnational corporations to account for any human rights transgressions is by no means an easy feat. It will require that a careful balance be struck between the interests of the host State and its people, and that of private actors expecting good risk-return ratios in pursuit of the bottom line. Although international mechanisms such as the United Nations Committee on Economic, Social and Cultural Rights have long endorsed accountability for transnational corporations, a zero draft international convention to regulate this issue has only recently been developed.

Upon improving its infrastructure, Nigeria could very easily leverage its economic base in distributing its products within Africa and internationally. This is already the case in its ‘soft’ products, such as the Nigerian film and music industry, which has seeped into all nooks of African continent, and is largely received internationally. This can be replicated in other aspects, once the foundation is properly laid internally.

There is a feeling that the next decade will be a watershed period in terms of the economic relations between the EU and Africa. Both continents are experiencing sweeping developments that will invariably affect their respective existence and mutual relationships. In Africa, the largest preferential trade area, the African Continental Free Trade Area (AfCFTA), has recently been ratified while in Europe, the EU is navigating the challenges of Brexit. All this is taking place in the backdrop of negotiations between the two blocs to replace the Cotonou Agreement which has since 2000 served as the bedrock of economic relations between the EU and ACP states. How, then, will the Africa-EU relationship be impacted – if at all – by the implementation of AfCFTA?

Jonathan Bashi Rudahindwa’s monograph on regionalism in Africa is a timely addition to the literature on the topic. His focus is primarily on the creation of the African Economic Community (AEC). Created by treaty in 1991 the AEC lays down a path for Africa to follow towards the creation of an African common market. This is to be done in stages culminating in an economic and monetary union.  The AEC thus seems to be a critical landmark in the evolution towards African economic unification.