African Union

In an essay published in 2002, the late Kenyan scholar, Ali Mazrui, asked the critical question of who killed democracy in Africa. In his archetypal incisive take on African issues, Ali Mazrui delved into history to identify both internal and external forces that have conspired to commit the crime of “democra-cide”. Suffice to say that although the political dynamics of the continent has evolved, many of the culprits mentioned by Ali Mazrui are still busy at the slaughter slab, shredding democracy into bits.

To ensure that innovative capacity is developed on the continent, it is pertinent to promote regional innovation. As a starting point, negotiators of the AfCFTA may consider including in the text appropriate provisions that will allow the collaboration and nurturing of innovative capacity in Africa. Open innovation is an approach that meets the needs of Africa and is worth considering.

This blog post focuses on the Agreement for the establishment of the African Continental Free Trade Area (AfCFTA) and the implications for the evolution of lex mercatoria in Africa. This blog post is primarily based on a recent paper by Chisa Onyejekwe and Eghosa Ekhator titled ‘AfCFTA and Lex Mercatoria: Reconceptualizing International Trade Law in Africa’. The paper argues that some of the major innovations embedded in the AfCFTA (such as variable geometry and dispute settlement amongst others) form the crux of an emerging African practice of lex mercatoria. Consequently, the creation of AfCFTA has engendered what can be termed as an emerging concept of ‘Lex Mercatoria Africana’. In the context of the AfCFTA, this is exemplified by the notion that the AfCFTA explicitly promotes African trade principles.

The question of a regulatory framework for this type of CSR at the African Union level is paramount. Such regulatory frameworks could be meta-regulatory in nature and thus embrace a mix of soft law and hard law rules with incentives. This need for policy and regulation is recognised in the African Union Agenda 2063 framework document both in order to effectively finance development objectives and to enable full exploitation of the partnership capabilities in the interest of Africa. The African Union has also pursued this set goal for agribusiness as a result of the Malabo declaration on accelerated agricultural growth commitments

The Award in Oded Besserglik v. Republic of Mozambique, one of the very few publicly known intra African treaty-based investment arbitration cases, was issued 29th October 2019. The case started when in March 2014, a South African national (Mr. Besserglik) filed an application, before the International Center for the Settlement of Investment Disputes (ICSID), against the Mozambique (the Respondent) on the grounds that his shares and interests in a joint fishing venture with some Mozambican State-owned enterprises, as well as his vessels, were unlawfully and fraudulently appropriated by the Respondent.

African countries are very diverse in terms of their current debt situation, debt management practices and government securities markets. Debt management is, therefore, a vital component of the appropriate fiscal policy for the management of the negative impact of COVID-19 on the economy of African countries. However, debt management alone cannot solve structural problems and macroeconomic imbalances. Rather, a holistic approach including an appropriate debt level, debt restructuring, and maintenance of healthy domestic and continental forex markets can contribute to preventing sovereign insolvency despite the negative effects of this pandemic to African countries.

The Covid-19 pandemic is not only a threat to human health but is also a threat to the economic and financial health of the world. Many countries and international organisations are already thinking about the post Covid-19 strategies to be implemented. One sector which will play a key role in helping economies to rise is the shipping sector. Carriage of goods by sea will allow countries to gain access to commodities that they require in order to strengthen their economic, infrastructural and human development.

Although COVID-19 is currently making IAT difficult due to restrictions placed on the movement of people and goods, the pandemic justifies enhanced IAT. The situation helps Africa realize the benefits of IAT due to the trade restrictions put in place by our major trading partners who are mainly outside Africa. Most of all, it will help Africa appreciate the good in initiatives put in place to enhance IAT.

In this blog, I continue discussing the broad understanding of informality while briefly touching on informal enterprise. And I hope to, simultaneously, point out a couple of proposed solutions to challenges of the informal economy in Africa. My very strong suggestion, though, is that African countries should embrace informality as a reality on the continent.

While the Nigerian Office for Trade Negotiations (NOTN) 2017 Nigerian Annual Trade Policy Report (NAPTOR) was an excellent step in the right direction, it is not enough. As such, in the spirit of the legal reform proposals that the CLRNN inaugural conference demanded, I urge the Nigeria government to develop and adopt a coherent and robust regional trade policy that will be updated from time to time to reflect the realities of the day.