International Criminal Court

Book Review: Olufemi Amao, Michèle Olivier, and Konstantinos D. Magliveras (Eds), The Emergent African Union Law: Conceptualization, Delimitation, and Application, Oxford: Oxford University Press, 2021.

What is particularly fascinating is that the contributors have used different theoretical perspectives and methodologies to assess this evolving body of regional legal regime. No doubt, this pioneering 24-chapter book on the novel concept of AU Law is worth the effort and invaluable to academicians and policymakers alike. This view derives from the fact that the edited volume investigates the domestication of AU Law by African States, particularly in the areas of constitutional law, human rights, democratic governance, and economic law.

A Panoramic Definition of Piracy under the SPOMO Act: Matters Arising

This paper has shown that having a comprehensive definition of piracy, as exemplified by the SPOMO Act, is significant in curbing piracy because piracy is a complex crime that requires a fluid definition. Thus, piracy definition must be adjustable to the specific nature of different areas of law. Due to the commercial nature of piracy in Nigeria, an expansive definition of the crime becomes necessary. However, the paper observed that having a comprehensive definition of piracy without a specialised maritime court and regular training programmes for judges may not culminate in piracy suppression. This means that despite covering the field in terms of violent attacks on the high seas and in the territorial waters of Nigeria, the SPOMO Act may not be properly interpreted and applied in cases. The paper, therefore, suggested the creation of a specialised maritime court and regular training of judges to navigate the complexities of piracy cases in Nigeria. This will promote sustainable adherence to international law regime for suppressing piracy in Nigeria. Also, it will create a conducive environment to coordinate antipiracy programmes and measures among the Gulf of Guinea countries since Nigeria is the only county in the region that has domesticated the LOSC Convention.

Negative Effect of Competence-Competence in Mozambique Fishing Project Dispute: Case Headed to Arbitration

The Privinvest Group, (“Prinvinvest”), an Abu Dhabi, United Arab Emirates based holding company operating in the shipbuilding industry, has obtained a decision in the proceedings against it introduced by Mozambique to be stayed in favor of arbitration. The decision rendered on March 11, 2021 pertains to a jurisdictional dispute brought under Section 9 of Mozambique’s 1996 Arbitration Act relating to the competence of the arbitral tribunal.

Call for Papers: 'Time, Transition, and Justice’ - Special issue of the International Criminal Law Review

This special issue of the International Criminal Law Review particularly welcomes submissions that critically reflect on these questions in the context of transitional justice and resurgent authoritarianism and ongoing conflict.

Investment Regulation at the African Continental Level

The conclusion of the AfCFTA comes in the wake of global trade facing a lot of uncertainty, with more countries becoming more protectionist and the global world trade order facing collapse due to rising tensions. Despite all this, Africa’s regional integration agenda remains at the core. The Protocol on Investments is meant to be continental wide project to protect and promote investments in Africa. The ultimate goal for the AU’s regional integration objectives should be to have one investment framework to regulate the whole continent.

Can the Dispute Settlement Mechanism be a Crown Jewel of the African Continental free Trade Area?

The settlement of disputes under the AfCFTA will be governed by the Protocol on Rules and Procedures of the Settlement of Disputes which provides for the establishment of Dispute Settlement Body with authority to establish panels to receive and determine interstate trade disputes. Thus, individuals do not have direct access to the DSP. Therefore, this raises the question: Is this mechanism attractive and would states use it? It is premature to predict whether or not states will use it.