Democracy

EACJ First Instance Court Decides Martha Karua v Republic of Kenya: The Litmus Test for EACJ Jurisdiction and Supremacy

The intervener in her classical procedural technicalities attack strategy at the domestic level, argued that the court lacked jurisdiction over a decision of the apex court of a partner State. She argued that the EACJ could not exercise appellate jurisdiction over a decision by the Kenyan Supreme Court. The court ruled that this argument would fail as the Court had jurisdiction over States for the State’ internationally wrongful acts of any of its State organs including the judiciary.

Conference Report: The African Society of International Law 9th Annual Conference on Africa and Covid-19

The African Society of International Law (AfSIL) held its 9th Annual Conference on Africa and COVID-19 virtually, on 30 October 2020. AfSIL aims inter alia to promote international law on the continent and to contribute to the development of an international law that expresses the point of view of African States and specialists. The Conference was sponsored by law firms Foley Hoag LLP, Shikana Law Group and Asafo & Co.

Of Integracidaires and the Contemporary Publics of Continental Integration in Africa

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.

Comment by Dr. C. Elaiyaraya on Antarnihita Mishra & Aman Kumar's Essay - South Asian University: Towards a ‘South-Asian’ Approach to International Law

It is my humble opinion that the current syllabus does not represent either the vision of South Asian University nor the Universal human welfare oriented understanding of Jurisprudence. Kindly do not treat it as a complaint it is an opportunity exercised by a fellow academician in discharging the human cum intellectual social responsibility. Especially, for the benefit of present and future generations of student fraternity.

Judicial Nullification of Presidential Elections in Africa: Peter Mutharika v Lazarus Chakera and Saulos Chilima in Context

In contemporary Africa, the judicialization of presidential elections between incumbents and challengers in courts is becoming increasingly visible. In at least two instances within the last three years, courts have overturned presidential elections. In addition, an increasing number of non-gubernatorial electoral disputes are being judicialized in national and international courts. There are examples from Malawi, Zambia, Nigeria and Kenya.

Towards an African Approach to Free Trade in the Post-COVID-19 Era

The Agreement Establishing the AfCFTA is far more than just a trade agreement. It embodies long-held aspirations for an integrated Africa which, in the words of Ghana’s first Prime Minister and President, Dr. Kwame Nkrumah, would be better equipped to “tackle hopefully every emergency, every enemy and every complexity.” As one of the flagship projects of the AU’s Agenda 2063, the free trade initiative is envisioned as a pathway to an African renaissance in both economic and cultural terms. According to the United Nations Economic Commission for Africa, the AfCFTA could integrate 55 African Union (AU) member states in a market of about 1.2 billion people with an estimated gross domestic product of US $ 2.5 trillion. Moreover, the area is expected to reflect the continent’s “common identity by celebrating our history and our vibrant culture.”

The Rotten Core of International Investment Law

In this brief post, I want to make sense of Prabhash Ranjan’s brief critique of TWAIL perspectives on international investment law. My main aim is not to mount a defense of TWAIL project(s) on investment law because that might be done more eloquently by others. Instead, I want to make some brief comments about the political valence of, and the assumptions behind, the reservations that Professor Ranjan articulated in this post, and which also appear in his recent book on India and Bilateral Investment Treaties.

In EU-Africa Trade Relations: Africa is not Europe’s “Twin Continent”

There is a new struggle for Africa’s market. The contestants include the European Union (EU), United States (US), Russia, India and China. In this blog, I reflect on the new European Union -Africa Comprehensive Strategy proposals. The blog pushes against the Strategy’s revision of the historical relationship between the two regions which is built on embedded inequality. This is because, to be a true partnership, the unequal nature of the relationship between the EU and Africa must be centered. In the contest for its market, Africa has a unique opportunity to harness the competition tactically.

Tracing the scholarly map on Gender, Culture and Property: A focus on African female scholars

One group of women should be celebrated for their contributions to shaping the emancipation narratives and processes on the continent. This is the group of African female scholars such as Professor Celestine Nyamu-Musembi, Professor Sylvia Tamale, Professor Patricia Kameri-Mbote, Professor Ambreena Manji and Professor Sylvia Kang’ara. The perspectives of these scholars play a crucial role in shaping interventions targeted at women in Africa. As the English saying goes, only the wearer of the shoe knows where it pinches. International organizations seeking to emancipate women must pay close attention to the scholarship of these women. Their rich body of scholarship provides useful insights that intervention documents drawn up in the development cities of Geneva and New York may lack.