Book Symposium Introduction: Sovereign Debt Restructuring: The Role and Limits of Public International Law

I am delighted to introduce the book symposium on my new monograph titled Sovereign Debt Restructuring: The Role and Limits of Public International Law. Unfortunately, the time could not be riper to discuss the role played by international law in sovereign debt restructuring. In fact, as a consequence of the ongoing economic recession caused by the COVID-19 pandemic, the world is facing a new systemic sovereign debt crisis.

Afronomicslaw.org is seeking an Editorial Assistant

Afronomicslaw.org, the leading blog on international economic law focused on Africa and the Global South, is looking to hire an Editorial Assistant to provide support to Editors on a regular basis in connection with the blog, the African Sovereign Debt Justice Network Project, (AfSDJN); and other associated projects of the organization.

Introducing the African Sovereign Debt Justice Network (AfSDJN)

A primary objective of the AfSDJN is to undertake research, advocacy, tactics and strategies around the changing nature of debt, globally and in Africa, which threatens economic development, social cohesion and several gains made in building social contracts in recent years. Afronomicslaw.org is grateful to Open Society Initiative for Southern Africa, (OSISA) Economic Justice Program and Open Society Foundation’s African Regional Office.

Beyond Intellectual Property? “Open science” to overcome COVID-19

There is no doubt that solving this pandemic is the most pressing challenge of our time. This is not a zero sum game. Below, I elaborate on the four points for effective global solidarity to tackle the pandemic.

AfCFTA, Technical Assistance and the Reproduction of Western-Style IP Norms in Africa

While WIPO’s technical assistance programme has been seen as less biased than much of the bilateral assistance on offer from the EU and the US, the history that Africa has with WIPO concerning cooperation in the provision of IP technical assistance can be said to have led to the introduction of Western-style IP norms across the continent. Our leaders and negotiators, therefore, need to proceed with caution in negotiating the AfCFTA IP protocol and the kind of technical assistance they receive. They must consult broadly and court the services of African scholars and experts on the matter.

Balancing the Principle of Finality of Arbitration Awards and the Public Policy of Censuring Illegality: The Case of Nigeria v. P&ID

In Federal Republic of Nigeria v. Process & Industrial Developments Limited (‘Nigeria v. P&ID’),[1] the English court was faced with an application for extension of time to challenge an arbitration award delivered well over two years before the application. The court granted the application despite the delay, on the basis that there was a strong prima facie case of fraud involved. This paved the way for a thorough inquiry into the allegations of fraud, which if proven, would upset the validity and finality of the arbitration award. This article will review the judgment of the court in Nigeria v. P&ID and highlight its contribution to jurisprudence on determining the point at which an allegation of illegality will be allowed to threaten the finality of an award.

Can States Invoke the National Security Exception in the TRIPS Agreement in Response to COVID-19?

In theory, states may be able to invoke Article 73(b)(iii) in defence of measures that are implemented to tackle COVID-19. However, in this post, I have not sought to analyse whether or not invoking Article 73(b)(iii) is a realistic option for some states (especially those in the global south). In a separate post published here, I have suggested that, while (in theory) states might be able to invoke the security exception in the TRIPS Agreement in response to COVID-19, this is not necessarily a realistic option (especially for states that do not possess local manufacturing capacity).