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Inaugural World Arbitration Update: Africa and MENA Reasserting A Protagonist Role in the Arbitration Scene

These recent procedural and substantive trends encompassed in the WAU conference demonstrate a renewed and welcomed interest for arbitration of mega disputes in the African continent and the MENA region, both international arbitration hubs that are gaining prominence. Whilst challenges remain, biases against arbitrating disputes in these regions are being debunked by the experience of Africa and MENA with dispute resolution, the advent of institutions and “arbitration friendly” jurisprudence.

NEWS – 12.23.2021

The News and Events published every week include conferences, major developments in the field of International Economic Law in Africa at the national, sub-regional and regional levels as well as relevant case law.

Africa and the Digital Yuan: Helping China Break U.S. Hegemony Over the Global Financial Order

One of the lessons of the sovereign debt crisis spurred by the COVID-19 global pandemic is that China now plays an outsize role in the African economy, having displaced Western governments and key international organizations to become Africa’s largest bilateral creditor, source of foreign direct investment, and trading partner. After four years of not-so benign neglect Washington’s attention is again focused on Africa, largely to curb the rising influence of China on the continent. However, the United States may discover that in this 21st century “scramble for Africa” many states have already chosen to align their economic interests with Beijing, with serious implications for Washington’s position at the apex of the global financial order. Nowhere is this more clear than in China’s unveiling of its e-currency, the digital yuan, and the potential it has for helping displace the U.S. dollar as the world’s reserve currency.

Failure at COP26: The Global South Doesn’t Need Another Loan

COP26 ended with a palpable sense of despair as industrialised states failed once again to deliver on long-standing commitments to finance adaptation and mitigation efforts in the Global South. As attempts to reach accord floundered, private capital materialised as the most likely source of this vital funding. Whilst their dire situation may leave post-colonial states with no option but to accept this investment, its continued entrenchment in the economies and polities of the Global South can only serve to perpetuate the centuries-long cycle of subordination, dependence, and debt.

NEWS: 12.16.2021

The News and Events published every week include conferences, major developments in the field of International Economic Law in Africa at the national, sub-regional and regional levels as well as relevant case law.

Ambiguities in the AfCFTA Text: Red Herrings or Problems with Bearing on the Implementation of the AfCFTA

Its prudent to address questions having to do with the sequencing of the two Phases of the protocol and whether this sequencing was opted for practical reasons or if the ratification of the first set of the protocols is a precondition for the ratification of the second. The answer to this question will inter alia have implications on which States can participate in phase II negotiations and whether or not leapfrogging of protocols is a possibility for member States. Moreover, in light of the great appetite to realize the objectives of the AfCFTA and fast track trading under this instrument, it might be worth considering what incentives (price of entry) can be set to encourage early adopters.