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. 

Book Review: Collective Management of Copyright in South Africa: A Review of D. O. Oriakhogba Copyright Collective Management Organizations and Competition in Africa (Juta, 2021)

Dr Desmond Oriakhogba’s work, Copyright Collective Management Organisations and Competition in Africa is poised to become a seminal reference work in the field of collective management, for a number of reasons: first, it is one of only a paucity of dedicated full texts on the subject of collective management in Africa; secondly, it is the first such text to explore in-depth the question of the application of competition law in the area of collective management – a subject-matter that has been fully explored in other mature jurisdictions such as the United States and the European Union, but hardly considered within the African context; thirdly, it explores the law and practices in three key jurisdictions in the South, the East and the West of Africa; and fourthly, it is an expertly written text and a veritable scholarly work, while simultaneously written in a flowing, easy-to-follow style making for a good long-weekend read.

Book Review: Desmond Oriakhogba, Copyright, Collective Management Organizations and Competition in Africa

Copyright, Collective Management Organisations and Competition in Africa is a book that delivers on its promise to rigorously analyse and distil useful models for regulating and operating collective management in Africa. It is one that will serve as a useful guide for scholars, practitioners and policy makers in Africa on the subject of collective management.

Introduction to Book Symposium – Copyright, Collective Management Organisations and Competition in Africa: Regulatory Perspectives from Nigeria, South Africa and Kenya (Juta, 2021)

The collective management of copyright and related rights (collective management) is fast growing in Africa and continues to contribute to the growth of the copyright-based industry not just in the individual African countries, but also on a continental level. It contributes by facilitating access to copyright works for users, generating revenue for copyright owners, creating job opportunities and promoting creativity and social welfare, particularly for Africa’s youthful and vibrant creators. As such, collective management continue to remain a key component of the economic activities happening within the copyright-based industries in Africa.

The Emergent African Union Law - Conceptualization, Delimitation and Application. Eds. Olufemi Amao, Michele Olivier, Konstantinos D Magliveras

This edited collection of 24 Africa experts with diverse academic and practice focused backgrounds is divided into 5 parts and 24 chapters. The focus of the book is to establish African Union (AU) law as a focal point for the development of African countries. It provides a rich vein of scholarly literature which might not always be apparent to international researchers and practitioners. The ambition is to use regional integration law as a springboard for legal and socio-economic growth by avoiding national law failures that have undermined the development of the African continent.

Book Review: Olufemi Amao, Michèle Olivier, and Konstantinos D. Magliveras (Eds), The Emergent African Union Law: Conceptualization, Delimitation, and Application, Oxford: Oxford University Press, 2021.

What is particularly fascinating is that the contributors have used different theoretical perspectives and methodologies to assess this evolving body of regional legal regime. No doubt, this pioneering 24-chapter book on the novel concept of AU Law is worth the effort and invaluable to academicians and policymakers alike. This view derives from the fact that the edited volume investigates the domestication of AU Law by African States, particularly in the areas of constitutional law, human rights, democratic governance, and economic law.

Book Review: The Emergent African Union Law: Conceptualisation, Delimitation and Application. Olufemi Amao, Michèle Olivier and Konstantinos D. Magliveras (eds)

This substantial volume sets out to establish the case for recognition of a new field of law. The editors propose a concept of African Union (AU) law – by analogy with the established body of European Union (EU) law – and argue for the need for such a concept in order to create “a platform to examine legal developments in Africa from an Afrocentric perspective”.

Symposium on Reconceptualizing IEL for Migration: The Elephant in the Room

Migrants and migrant workers from the Global South carried the economies of the Global North on their backs during the Covid-19 pandemic. On the one hand, millions of migrant workers in agriculture, trans-portation, care, food processing, construction, and other essential sectors continued working while the world shut down. On the other hand, migrant workers faced some of the harshest and most punitive treatment due to their status or lack thereof; many migrant workers were detained, deported or subjected to severe and inhumane treatment coupled with the physical, emotional and psychological impact of the pandemic. The pandemic unveiled high levels of nationalism, racism and xenophobia that impacted mi-grants globally and states have used the momentum to justify heavy handed measures and increased migration restrictions and the monitoring of migrants.

Symposium on Reconceptualizing IEL for Migration: Migration and Inter-National Economic Laws that do not Erase Colonialism

Apart from important recent examples that will be formative, we believe it is long past time for international economic law to take stock of its hidden heritage (including settler colonialism) and how this ongoing legacy invariably intersects with IEL’s impoverished notions of economy, as well as its impoverishing approach to migration.