Analysis

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.

A focus on the ongoing Kenya-U.S trade negotiations is pertinent as a lens to rethink the trade and investment treaty making reform at the continental level in the context of the African Continental Free Trade Area (“AfCFTA”) (section 3). The authors conclude with concrete suggestions aiming to improve the drafting of the prospective Kenya-U.S FTA provisions.

To mark the 2021 International Women’s Day themed #Choose to Challenge, Afronomicslaw.org celebrates Dr Sara Seck’s brilliant contributions to International Law. Dr Seck is an Associate Professor and Associate Dean for Research at Schulich School of Law, Dalhousie University.

To mark the 2021 International Women’s Day themed #Choose to Challenge, Afronomicslaw.org celebrates Dr Mavluda Sattorova’s brilliant contributions to International Investment Law and Investor-State Arbitration. Dr Sattorova is Reader at Liverpool Law School, University of Liverpool. She works closely with international organisations and government agencies involved in the design and reform of international investment treaties and national investment policies.

To mark the 2021 International Women’s Day themed #Choose to Challenge, Afronomicslaw.org celebrates Dr Jan Yves Remy’s brilliant contributions to International Trade Law. Dr Remy is the Deputy Director of the Shridath Ramphal Centre for International Trade Law, Policy and Services (the SRC). She has advised governments and private stakeholders on international trade matters with a focus on dispute settlement under the auspices of the World Trade Organization (WTO).

There are no two ways about this. Kenya’s Parliament must reject the UK-Kenya Economic Partnership Agreement (EPA). Kenya and the UK must from scratch renegotiate a new agreement that reflects Kenya’s interests. The current agreement is heavily tilted towards the interests of the United Kingdom and its multinationals stationed in Kenya. There are three major reasons why Parliament must reject and renegotiate this agreement.