Analysis

This chapter, like much of the book, is exceptionally well researched, and brings seemingly unconnected developments neatly within the overarching narrative mentioned above. The author’s focus on how international law affects the ‘mundane’ everyday life, and vice versa, allows (or perhaps requires) her to examine much more than just the oft over-discussed ‘hot topics’ (i.e., compulsory licenses and patentability criteria) of the Indian pharma-patent landscape.

A central point highlighted in Vanni's analysis comes in the title of the chapter itself, “the Juridical State”. Brazil's social and political conflicts are for the most part moderated, and often even defined, by the role of courts. Hence, this centrality of the Judiciary in legal-political disputes is an unavoidable aspect of the analysis (and particularly as this was perhaps not always the case in the country's history). In IP and health policy, the influence of the Judiciary is crucial, where certain courts may take decisions on the validity of pharmaceutical patents - directly affecting conditions of competition and access to medicines - and superior courts may decide upon the constitutionality of aspects of laws and regulations that may either legitimize or fully impede the implementation of public health policies in IP matters.

In light of the current global health crisis caused by COVID-19 pandemic and the attendant discussions on the importance of pharmaceutical patents to our daily existence, the analyses in this book (and the symposium) performs an important function in documenting the role of different sets of actors and their influences on the domestic implementation of global patent rules, access to medicines, and how these (in)actions led us to where we are today.

This essay reviews the areas in which in which Kenya has strategically positioned itself to benefit for the AfCFTA. It briefly reviews the areas in which improvement will be required.

As the TCP clean fuel case study demonstrates, an intersectional approach is needed in order to address the pre-existing issues of climate change and income and gender inequality and the manifold impacts of the pandemic on health, wealth and stability of nations across the African continent. One approach with a lot of potential is to support private sector development by encouraging collaboration between the public, NGOs and private sectors as demonstrated by TCP’s clean fuel initiative.

This post ultimately urges for a nuanced approach to China’s involvement in Africa, turning the “black-and-white” critiques into catalysts for change. Endemic and systemic issues associated with Chinese SOEs may exist, which may be partly attributed to their lack of know-how in overseas operations as well as to cultural differences. Identifying those issues allows for a maximisation of benefits for both the Chinese SOE and the African counter-part. To achieve that, further joint efforts should be engaged by African countries, China and Chinese SOEs.

This book is without doubt, one of the most impactful legal textbooks in Nigeria in at least twenty five years. It is a refreshing addition to the legal libraries across Nigeria and beyond. Judges at all levels of courts in Nigeria, legal practitioners, arbitrators and lawmakers alike as well as law teachers, researchers and students, will find Private International Law in Nigeria a highly resourceful and practical guide that fills an intellectual void in a long neglected but increasingly critical field of law. It is a long overdue contribution to the field of private international law in particular, and to legal scholarship in Nigeria as a whole.

In recent years, Nigeria has been making frantic efforts to turn around its economy. There is a consistent drive at improving the ease of doing business, and various investment promotion laws have also been enacted to that effect. However, we seem not to appreciate the nexus between PIL and the promotion of cross border commercial transactions. We agree with Dr Oppong that PIL has a role to play in making Nigeria attractive for international trade and commerce. International businesspersons are more interested in economies that enforce contracts, protect and secure property rights, and have simple and efficient dispute resolution mechanisms in place. Jurisdiction agreements are part of contractual terms.

This paper acknowledges that the requirement of presence of the defendant in the territory of the foreign court at the time of service ensures that the proceedings are conducted in accordance with the principles of natural justice. If the defendant was not present, the necessary originating processes may fail to reach him, or at least in good time, so as to have sufficient time to defend his case.