Analysis

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.

This symposium evaluates some of the key trade facilitation issues that member countries need to effectively address in order to ensure the AfCFTA’s success.

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.

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.

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.

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.

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.

To mark the 2021 International Women’s Day themed #Choose to Challenge, Afronomicslaw.org celebrates Professsor Olufunmilayo Arewa’s brilliant contributions to Transactional Law and Intellectual Property Law. Murray H. Shusterman Professor of Transactional and Business Law at Temple University Beasely School of Law, Professor Arewa has worked as a consultant on various projects, including engagements relating to education and scientific and technological capacity in Africa. She was also the lead consultant on a project examining the feasibility of establishing a venture capital fund in the Eastern Caribbean.

To mark the 2021 International Women’s Day themed #Choose to Challenge, Afronomicslaw.org celebrates Dr Dilini Pathirana’s brilliant contributions to International Investment Law. Dr Pathirana is a Senior Lecturer at University of Colombo, a founding committee member of South Asia International Economic Law Network (SAIELN), an editorial board member of Sri Lanka Journal of International Law (SLJIL) and a contributing editor on Afronomicslaw.org.

Should the Kenya-United States Free Trade Agreement be concluded, it would violate Article 37 of the Protocol on the Establishment of the East African Customs Union. Article 37 requires a Partner State to notify the EAC of a new trade agreement even when there is merely a proposed trade agreement. Article 37 of the Protocol requires that Partner States notify the other Partner States before offering a third-party preferential market access since Partner States share a common Customs territory.