European Union

Initiated in September 2018, the negotiations of the new Partnership Agreement between the European Union (EU) and its Member States, on the one hand, and the Organisation of African Caribbean and Pacific (OACP) States, on the other (henceforth the Post-Cotonou Agreement), ended in April 2021. This essay examines the strong focus on mobility and circular migration. It also shows that the emphasis on readmission (extensively detailed in Chapter 4 of the Post-Cotonou agreement) is tantamount to the EU’s attempt to consolidate legal mechanisms aimed at ensuring the temporariness of international migration. Such developments raise, however, a host of challenges.

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.

Here are some thoughts around these developments which could have both positive and negative implications for the region moving forward. West African leaders should consider these as they make their decisions about which approach to adopt.

African nations have only marginally contributed to global warming relative to developed and emerging economies in the Americas, Asia, and Europe. However, the African continent will bear a disproportionate burden of the negative impacts of climate change. Climate-related challenges like flooding, drought, and intense heat waves will increasingly confront the continent at a worsening rate. African nations should not be expected to take the lead in addressing a climate emergency they did not create. The priority for Africa is to receive support and investment to build resilience and adapt to climate impacts.

In this piece, I argue that Nigeria’s non-compliant behaviour is prevalent and entrenched in the field of international trade law, and that this behaviour is largely influenced by Nigeria’s perception of its national economic interests, which are underpinned by the protectionist policy of import-substitution. But Nigeria’s poor adherence to international trade rules should also be seen in the context of its general lack of commitment to the rule of law.

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.

This essay reviews the book co-edited by Logan Cochrane and Nathan Andrews, The Transnational Land Rush in Africa: A Decade After the Spike. The book has three parts, in addition to the introduction and concluding chapter. The first part, Part I contain four chapters under the theme, The Land-Development Nexus: Grand Discourses, Social Injustice and Contestations. The second part, Part II encompass three chapter under Informality and ‘New’ Customary Land Tenure Landscapes theme. The third part, Part III contain two chapters under the Formalization, Domestic Agency and Legacies of Legal Pluralism theme. This review focuses on the book's third part, which includes studies from Ethiopia and the Democratic Republic of the Congo.

Over time, I have collaborated with researchers and practitioners to investigate the global land rush and support responses to it. This action research taught me about the material dimensions of the deals, including their scale, location, crop types, intended markets, varying degrees of implementation, and the way they shook the very foundations of local life, livelihoods and culture. It also highlighted deep-seated tensions between competing visions of agriculture, food systems, territory and society; connections to an evolving global political economy and contested notions of sovereignty and statehood; and the role the law — from land tenure systems to international trade, investment and human rights treaties — has played in facilitating the deals or resistance to them.

The Economic Community of West African States (ECOWAS) Revised Treaty of 1993 is supposed to be the basis of a legal revolution that ended its members’ sovereignty and create a regional order that mirrored the European Union’s (EU) successful supranationalism. Departing from its 1975 Treaty ECOWAS has been reconfigured as a new entity whose rules, under article 9 (4) are of direct and binding effect on its members – the essence of supranationalism.

The Second African Union-European Union Ministerial Meeting will take place from today 25th to tomorrow 26th of October October 2021, in Kigali, Rwanda. While today, 25th October 2021, the Senior Officials of the AU and the EU will meet, tomorrow the 26th of October 2021, the Joint AU-EU ministerial meeting will be convened. Prior EU-Africa meetings have focused on issues such as economic cooperation, resilience, peace, security and governance, migration and mobility but not as much on Africa’s pressing sovereign debt crisis. The March 2020 EU-Africa Strategy did not focus on Africa’s debt crisis. It is important that the Second African Union-European Union Ministerial Meeting goes beyond the traditional ACP issues centering around, trade and investment, development cooperation and political dialogue. Africa’s sovereign debt crisis be part of the conversation.