International Law

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.

Black Traditions in International Law

Black traditions in international law express and foreground the goals, histories and thoughts of black struggle. Black traditions have long offered visions of global order that challenge the color blindness embedded in accounts of international law. Black traditions counter visions of international law that order the world in accordance with predominantly European and white conceptions of hierarchy and order.

A Panoramic Definition of Piracy under the SPOMO Act: Matters Arising

This paper has shown that having a comprehensive definition of piracy, as exemplified by the SPOMO Act, is significant in curbing piracy because piracy is a complex crime that requires a fluid definition. Thus, piracy definition must be adjustable to the specific nature of different areas of law. Due to the commercial nature of piracy in Nigeria, an expansive definition of the crime becomes necessary. However, the paper observed that having a comprehensive definition of piracy without a specialised maritime court and regular training programmes for judges may not culminate in piracy suppression. This means that despite covering the field in terms of violent attacks on the high seas and in the territorial waters of Nigeria, the SPOMO Act may not be properly interpreted and applied in cases. The paper, therefore, suggested the creation of a specialised maritime court and regular training of judges to navigate the complexities of piracy cases in Nigeria. This will promote sustainable adherence to international law regime for suppressing piracy in Nigeria. Also, it will create a conducive environment to coordinate antipiracy programmes and measures among the Gulf of Guinea countries since Nigeria is the only county in the region that has domesticated the LOSC Convention.

Insecurity in Nigeria – Whither International Law?

Nigeria continues to play a leadership role in its engagement with international law at the global, continental and regional levels. Having ratified and acceded to numerous international law treaties and instruments, and further domesticating many of them, the question to be asked is whether these instruments continue to have any tangible impact on the development of law in Nigeria? The purpose of this short commentary is not to rehash what has already been written but as indicated already, to comment on the current impact of international law on the Nigerian state and legal system. Against the backdrop of the ongoing war on terrorism, this contribution intends to assess if international law, and the principles emanating therefrom, are of any relevance in the current state of insecurity in Nigeria.

Transnational Litigation and Climate Change in Nigeria

The foregoing analysis is analogous to the Nigerian situation where transnational litigation has been utilised by a plethora of stakeholders including local communities, civil society organisations (CSOs) and victims of environmental injustice arising from the activities of oil MNCs in the Niger Delta region of Nigeria. CSOs in Nigeria have adopted litigation as a deliberate strategy in influencing the activities of government and MNCs in the oil and gas sector.

Pre-colonial Trade in Africa and International Law: Setting a Research Agenda

It is accepted that legal doctrine is a normative discipline, which is not only describing and systematising norms, but also predominantly a discipline which takes normative positions and makes choices among values and interests. Consequently, the quest to find “better law” by adopting certain interpretative or normative positions often leads to elements external to law and legal doctrine such as philosophy, morals, history, sociology, economy, and politics. Hence, looking for better law involves empirical research particularly as better, in the context of this post, refers to a historical and sociological perspective on the balancing of the Eurocentric make-up of international law. Thus, the teaching of precolonial African trade usages should be explicitly embedded into the public international law (and international trade law) curriculum in Nigerian universities. This has already been done in international relations programmes in some Nigerian universities.

Call for Expression of Interest: First Edition of AUCIL Award for PhD Thesis on International Law

November 25, 2021

AFRICAN UNION COMMISSION ON INTERNATIONAL LAW (AUCIL)

FIRST EDITION OF AUCIL AWARD FOR PhD THESIS ON INTERNATIONAL LAW

CALL FOR EXPRESSION OF INTEREST

ABOUT THE PRIZE

The International Maritime Boundaries of Nigeria - Revisiting Joint Development of Natural Resources

There is renewed interest in the Nigeria- Sao Tome and Principle (STP) Joint Development Zone (JDZ). This is explored in a published chapter in the Nigerian Yearbook of International law (with co-authors). This chapter focused on the Nigeria-STP JDZ as an exemplar of a cooperative approach to maritime boundary delimitation and assesses the suitability of the particular JDZ model chosen. Therefore, this appears to be an excellent opportunity to explore the broader theme of maritime boundary zones of Nigerian vis-à-vis international maritime law. This essay argues that joint development in the spirit of a duty to cooperate within the Gulf of Guinea, will represent a Pan-African and sustainable vision, for the future exploration and exploitation of natural resources, including living resources such as Fisheries.

Domestic Effects of International Law in Nigeria: The Case of Trade Agreements

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.