African Union

AfCFTA Phase II: Towards active participation of ECOWAS in the Intellectual Property Rights Negotiations

If Phase II negotiations on IP  will yield any positive results for West African Countries, and other regions, the discussion should begin at the regional level in ECOWAS. Finally, considering the ultimate goal of harmonising these structures on the continent (Article 3(L) Constitutive Act of the African Union), the AU’s representation is essential in these discussions, to ensure that their outcomes align with the goal of the Union.

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Advocating for a concise trade-based anti-money laundering legal and regulatory framework under African Continental Free Trade Area

For the objective of AfCFTA not to be defeated through the menace of trade-based laundering of illicit funds, African member states must be proactive to ensure that all necessary measures and regulations are put in place in combating TBML that may ensue therefrom before AfCFTA comes into full implementation.

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Africanisation of International Investment Law: Prospects and Challenges

A coordinated African voice on FDI would likely enhance the continent’s global competitiveness, prevent destructive competition among countries, help strengthen Africa’s position in investment agreements, and ultimately result in increased FDI flows to the continent.

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Re-thinking Large Scale Agricultural Land Acquisition through a Contract Model

In the grander scheme of things, amidst the crisis of climate change in which the vulnerability of Africa continues to unravel, Africa remains a preferred choice of FDI in agriculture for the export of green energy and for food. This situation raises concerns about displacements, conflicts, shrinking traditional landraces and continental food security writ large. The traction for agricultural FDI comes through the scheme of large scale agricultural land acquisitions, which activists framed as agricultural “land grabs”.

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Appel à contributions: La Commission de l'Union africaine sur le droit international: Démocratie Constitutionnelle, état de Droit et Lutte Contre La Corruption

 Appel à contributions 

DÉMOCRATIE CONSTITUTIONNELLE, ÉTAT DE DROIT ET LUTTE CONTRE LA CORRUPTION 

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CFP: African Union Commission on International Law - Constitutional Democracy, Rule of Law, and the fight Against Corruption

In implementing its mandate, AUCIL carries out a series of programs and activities such as AUCIL Forums which are organized every year and constitute a platform for discussion and interaction on issues of interest to Africa, viewed through the prism of International Law and African Union Law.

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The Importance of Traditional Knowledge and Traditional Cultural Expressions in the AfCFTA

September 9, 2019

With the launching of the operational phase or phase 2 of the African Continental Free Trade Agreement (AfCFTA), debates and negotiations have started on different instruments that will govern this agreement. One of the main subjects would be intellectual property and particularly issues related to the protection of tradition knowledge (TK) and traditional cultural expressions (TCEs). The intellectual property (IP) Annex or chapter of the AfCFTA will give Africans countries a unique occasion to deal with these issues.

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An African Response to WTO Reform Proposals

The lack of participation of African states in the WTO dispute settlement system is indicative to a certain extent of the discomfort that most African states feel vis-à-vis the said system. A future reform of the DSU must necessarily include procedural and substantive aspects to render dispute settlement more flexible for African countries.

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Chronique d’une mort annoncée ? A propos du mécanisme de règlement des différends commerciaux de la Zone de libre-échange continentale africaine (ZLECAf)

August 19, 2019

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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.

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