Analysis

This book is an excellent contribution to the analysis of corporate governance frameworks from emerging countries. It analyses a timely issue of corporate governance in the banking industry of two African countries, Nigeria and South Africa, with some of the largest economies based on gross domestic product (see the introduction). The banking sector in Africa is a sector of significant growth, although significantly concentrated. McKinsey insights points out that ‘performance in Africa’s banking system is driven by a diverse mix of markets, each with its own unique strategies and challenges.

This Symposium is dedicated to a critical engagement with Corporate Governance in Africa, a timely and significant contribution to the growing body of scholarship on governance across the continent. The book provides a nuanced exploration of the legal, institutional, and practical dimensions of corporate governance in diverse African jurisdictions, offering insights that are both contextually grounded and theoretically informed. This symposium brings together scholars to reflect on, interrogate, and extend the arguments advanced in this book.

Under the relevant rules of the law of treaties as provided for in Article 11 of the Viena Convention on the Law of Treaties (VCLT), a state’s consent to be bound by a treaty “may be expressed by signature, exchange of instruments constituting a treaty, ratification, acceptance, approval or accession, or by any other means if so agreed.” It appears from the text of Article 11 of the VCLT that expression of consent to a treaty must generally be by means of an express or overt act, notice of which must be given, or received by, the other parties to the treaty. In contrast to the above legal position, the practice of some ECOWAS Member States in relation to Protocols governing the ECOWAS Court of Justice raises the question of whether a state’s consent to be bound by a treaty may be implied from its conduct. Of particular interest in this regard, is the Republic of Cape Verde. This essay seeks to determine whether the concept of implied consent could offer a conceptual justification for the exercise of the ECOWAS Court’s jurisdiction over Member States that have either not signed or ratified the relevant Protocols governing the Court’s jurisdiction.

Promoting economic cooperation and development among Member States has been the primary aim of the Economic Community of West African States (ECOWAS) since its inception in 1975. Unsurprisingly, in the beginning, the Community’s only judicial body, the ECOWAS Court, only had a mandate to foster socio-economic integration. Consequently, when the Court was granted a human rights mandate in 2005, it was expected that advancing economic justice and safeguarding economic rights would underpin its adjudicatory functions. The economies of countries in West Africa exhibit a significant gender gap, which manifests in various ways, including the gender pay gap, women disproportionately engaged in informal and vulnerable employment, unequal access to job opportunities, occupational segregation, unequal asset ownership, limited access to financial services, and unpaid care work.In this blog post, we provide a brief overview of two cases decided by the ECOWAS Court that concern women’s rights to work, showcasing the Court’s role in promoting women’s economic justice in the West African sub-region and beyond. However, before discussing these cases, which inform our conclusions, we briefly explore the nature of the right to work for women within the African human rights system.

In an ever-growing quest for gender equality, it is quite common for scholars and researchers to overlook regional and sub-regional systems while prioritizing global institutions, particularly the United Nations, its specialized agencies, and other international human rights mechanisms. The limited attention given to regional bodies stems from their perceived lack of influence in implementing meaningful reforms compared to global institutions. Unbeknownst to many, regional systems, despite their marginalization, have developed contextually relevant, progressive policy documents and delivered consequential legal judgments on women's rights. However, as is the case with many international, regional or sub-regional organizations, the perennial challenges remain the translation of the policies and enforcing the far-reaching judgements on women’s rights. The Economic Community of West African States (ECOWAS) embodies this paradox.

The ECOWAS Community Court of Justice occupies a central place in the legal architecture of West African regional integration, with jurisdiction spanning human rights, trade, and the interpretation and application of Community law. Yet its authority continues to sit uneasily with the persistent gap between judicial pronouncement and practical effect. Judgments are frequently delayed in implementation, and in many instances not implemented at all, a pattern widely reported by court officials and observers. If effectiveness is assessed primarily through implementation and compliance, the Court’s institutional challenge is therefore not merely one of doctrinal coherence, but of execution.

Five decades on from its inception, the Economic Community of West African States (ECOWAS) stands at a juncture that invites both celebration and reflection. Established with the primary goal of integrating West African countries in pursuit of economic development and regional unity, many agree that the organization has made remarkable progress, even beyond the expectations of its founding fathers. It has grown from promoting economic integration, to also championing core principles of democracy and good governance. In this essay, I reflect on an increasingly important and arguably underexplored aspect of ECOWAS’s economic development agenda: intellectual property rights (IPR) protection.

The Economic Community of West African States (ECOWAS) is a central actor in the law, politics and economics of the West African sub-region. Under article 3 of the ECOWAS Revised Treaty, ECOWAS aims to deepen and strengthen relations between its members with the aim of promoting co-operation and integration, leading to the establishment of an economic union in West Africa. This goal, if ever attainable, depends considerably on the role and power of its treaty organs, including its administrative organs, strengthening the ECOWAS legal order and thus underscoring ECOWAS relevance and power. This aim suggests the need for scholars of ECOWAS to focus attention on organs that they have largely neglected. This submission explores the growth and development of administrative power in ECOWAS. I seek to contribute to the current limited body of knowledge on this aspect of ECOWAS by sketching the outlines of the ideas that have moulded the ECOWAS administrative apparatus

Before the publication of Dr Kiema’s studies, the literature lacked a comprehensive treatment of this subject. From that vantage point, Dr Kiema filled a considerable gap in the body of knowledge and pushed the frontiers of international aviation law, international economic law and regional integration in Africa. Such a book was even more needed considering the Single African Air Transport Market (SAATM) is a flagship project of the African Union’s (AU) Agenda 2063, coupled with the primacy of dovetailing SAATM with cognate flagship projects of the AU’s aforesaid Agenda, aspects more fully set out between the covers of this insightful book.

The liberalisation of air transport has long been framed as a cornerstone of Africa’s economic integration agenda. From the early aspirations of the Yamoussoukro Declaration to the contemporary ambitions of the Single African Air Transport Market (SAATM), African states have repeatedly acknowledged the centrality of aviation to trade, mobility, and development. Yet, progress has remained uneven and contested. The book situates African aviation liberalisation within broader debates in international economic law and Global South regionalism, arguing that implementation failures stem not from weak legal texts but from institutional design and political economy constraints.