Analysis

The Analysis Section of Afronomicslaw.org publishes two types of content on issues of international economic law and public international law, and related subject matter, relating to Africa and the Global South. First, individual blog submissions which readers are encouraged to submit for consideration. Second, feature symposia, on discrete themes and book reviews that fall within the scope of the subject matter focus of Afronomicslaw.org. 

Low Levels of Customs Officials’ Awareness: A Recipe for Underutilization of AfCFTA

There is need for Customs administrations in Africa to evolve from gate-keeping role and enforcement of policies on behalf of other government departments, to being active contributors in the policy-making initiatives. Customs officials involved in manning ports of entry should be involved in assessing the practicality of certain trade measures like Rules of Origin as well as making contribution on how best to enforce the regional trade arrangements. This could involve the relevant trade Ministers involved in the regional negotiations consulting with Customs administrations on the best approach to design the measures that would directly require Customs enforcement.

In Pursuit of Transparency for Trade Facilitation in Southern Africa

The Southern African States are encouraged to continue with their laudable efforts of implementing transparency measures. They should strive to meet the implementation deadlines that they have set for themselves. They should seek assistance to mitigate any capacity constraints that are preventing them from making necessary reforms. Fortunately both the TFA and the AfCFTA recognise the importance of special and differential treatment (S&DT) and technical assistance to improve prospects of compliance. This gives some assurance that members will continue to achieve greater success in improving transparency going forward.

Experiences on Law Teaching in Times of Pandemic from India

The ongoing pandemic has not only changed our social relationships, it has brought a giant change in the University teaching pedagogy too. Face-to-face classroom teaching has been replaced by virtual mode of teaching. These online class-rooms have become the closest equivalent to the physical class-rooms now. Though, many popular online learning platforms existed even prior to the pandemic, the widespread use of virtual platforms have started only since the lockdown. The following is a combined account of our experiences while dealing with online classes.

Rules of Origin as a Key to the AfCFTA's Success: Lessons that can be Drawn from the Regional Experience

The African Continental Free Trade Area (AfCFTA) holds great promise for the continent with the agreement expected to increase intra-African trade and secure socio-economic benefits for member States. Despite trade under the new agreement commencing on 1 January 2020, members are yet to conclude negotiations on the issue of Rules of Origin (RoO). RoO are mechanisms used to determine the economic nationality of a product. Preferential RoO constitute an essential part of preferential trade arrangements, such as Free Trade Agreements (FTAs). Annex 2 of the AfCFTA Protocol on Trade in Goods makes provision for RoO that will provide for a single set of criteria to be applied across the continent. However, discussions on the substantive RoO, which are to be articulated in Appendix IV of Annex 2, are yet to be finalised. In the meantime, member States are expected to apply the preferential RoO covered by their relevant Regional Economic Communities (RECs) until harmonisation is achieved through the AfCFTA’s rules.

Review of International Investment Law: National, Regional and Global Perspectives by Collins C. Ajibo (Nijmegen, The Netherlands: 2020)

The book provides useful knowledge of aspects of IIL and clearly contributes to the field. It seems to map the field in a way that can generate interest in undertaking a more detailed and rigorous examination of some issues raised in the application of rules and principles of IIL in a variety of settings. Invariably some issues have been covered in more depth than others. In addition to the consideration of regional instruments, there are some comparative references between countries such as Nigeria, United Kingdom and the United States. To understand the book’s mission and contributions, it is important to explore the contents of its chapters.

Book Review of International Investment Law: National, Regional and Global Perspectives, Collins C Ajibo, (Wolf Legal Publishers 2020)

As the author explains in the foreword, this book intends to explore the principles, policies and practice in international investment law across the world and to foster greater study interests of students in the field. Unlike other textbooks that focus solely on investment protection in international law, this book brings an under-explored perspective from developing countries, in particular from Nigeria.

Book Review of International Investment Law: National, Regional and Global Perspectives by Dr Collins C Ajibo (Wolf Legal Publishers, Nijmegen, the Netherlands: 2020)

The book (International Investment Law: National, Regional and Global Perspectives) examines the principles and practices of international investment law in the light of international law. The book is situated within the prevailing dynamics of international investment law and policy that are underpinned by competing interests of the host States and foreign investors.

International Investment Law: National, Regional and Global Perspectives Book Symposium

I am delighted to present this symposium for my textbook entitled: International Investment Law: National, Regional and Global Perspectives (Wolf Legal Publishers, Nijmegen, the Netherlands: 2020). The textbook could not have come at a better time given the compelling need for scholars from the Global South, particularly Africa, to contribute to international investment law scholarship to help reshape and redefine international investment law for the mutual advantages of foreign investors/enterprises and the host States.

International Women’s Day: In Conversation with Dr Ibironke Odumosu-Ayanu

To mark the 2021 International Women’s Day themed #Choose to Challenge, Afronomicslaw.org celebrates Dr Ibironke Odumosu-Ayanu’s brilliant contributions to International Law. Dr Odumosu-Ayanu is an Associate Professor at the University of Saskatchewan College of Law. She has served as a consultant for the United Nations University (UNU) on a UNCTAD/UNU project on the rule of law and good business practices in zones of conflict. In addition to service on advisory boards, she serves as a member of the Board of Directors of the Canadian Law and Society Association.