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. 

Introduction to the Book Symposium: Africa's Last Colonial Currency: The CFA Franc Story

In our book, we tried to explain the circumstances in which this politico-monetary arrangement was created, how it works, what changes it has undergone, what purposes it serves, what benefits France derives from it, and how it handicaps the development of African countries that use it. While tracing the long history of repression against African political leaders and intellectuals who strove for the monetary liberation of French-speaking Africa, we have not forgotten to mention the recent movements on the continent and in its diaspora that are calling for the end of the CFA franc. Faced with the criticism that the opponents of the CFA franc have no serious alternative to propose, we show that African economists such as the Franco-Egyptian Samir Amin, the Senegalese Mamadou Diarra and the Cameroonian Joseph Tchundjang Pouemi, among others, had outlined different options for leaving this colonial device from the end of the 1960s, that is to say, well before the formulation from 1983 of a single currency project for West Africa.

The Competition Authority of Kenya Retail Trade Code of Practice

Generally, the objective of the RTCP is to enhance market participants' compliance with Section 24A of the Competition Act that prohibits any conduct that amounts to abuse of buyer power in the Kenyan market. Therefore, the objective of this piece is to briefly summarize the RTCP, unraveling the obligations of the retailer and supplier to enhance compliance with the RTCP in particular.

A Reflection on African Trade and Investment Wars in Context

In this essay, we center some of the intra-African trade wars in context. First, these trade and investment wars reveal the ways in which investors maneuver and respond to the hostile regulatory actions of a hegemon state by moving their investments to a friendlier economy. Our first example between Uganda falls into this category. In response to the actions of the Kenyan government, the investors secured market access in Zambia. Zambia thus became a beneficiary of the trade war between Uganda and Kenya. Second, the trade and investment wars bode well for the future of trade liberalization in Africa under the AfCFTA because this probably points to rising trade volumes between African states. Third, as we show in the context of the examples we discuss, the citizens of States that have taken the more hardline posture on the regulatory measure at the heart of the trade and investment war appear to be worse off in their capacity to generate sustained economic development. Fourth, in some cases, African trade and investment wars are caused by socio-economic conflicts. The xenophobic attacks in South-Africa are illustrative of this example. The xenophobic attacks often escalate to trade wars and retaliatory economic backlashes. Fifth and finally, we loop in the AfCFTA and arguethat the trade wars remain a threat to the realization of the promise of the AfCFTA.

Japan: An Ardent Ally of ISDS, What Lies Beneath?

In an era of interconnectedness, it appears that Japan’s approach towards investment liberalization is rather detrimental. Its stance hinders important causes such as safeguarding the environment and related policies that are being pursued by, both, developed and developing countries. Furthermore, while Japan’s approach towards trade and investment may not pose an immediate and significant threat to the entirety of global rules-based systems, it may cast a serious doubt on Japan’s ability to take an active role on the global stage and to foster global rules-based system.

Nigeria’s Finance Act 2021 and the Digital Tax Framework: Another Attempt to Boil the Ocean?

Nigeria is being careful with its approach in its quest to tax the digital economy. Rather than enacting a stand-alone digital service tax law, Nigeria is amending key parts of its corporate income tax law to accommodate effects of the digital economy. These amendments, particularly the latest amendment on turnover assessment, are not substantially different from an average digital service tax. Both taxes are levied on turnover of digital platforms. The 6% tax rate on turnover is likely to be a major concern for non-resident companies as it is much higher than the digital service taxes in other jurisdictions. France and UK impose 3% and 2% digital service tax respectively; while Kenya, a comparable developing country in the same region, has 1.5% digital service tax. Canada is in advanced stage of launching its 3% digital service tax on all in-country revenues earned on digital activities.

Journeying Towards an African Electricity Market: An International Economic Law Perspective

Electricity security is in today’s world a critical component for a well-functioning economy. Many African countries rely heavily on fossil fuels for electricity generation, while others have successfully harnessed renewable energy sources – Kenya being an example, with over 80% of its power generation being from renewable energy sources. With the global push to de-carbonise national economies, particularly the power sector, the interdependence of countries through electricity trade will become increasingly important. Countries are now only looking to develop their own clean energy capacity, but will in future, also seek to harness that of neighouring countries through cross-border power trade.

Symposium on Electricity/Energy Markets in Africa and their Intersections with International Economic Law: From Electricity Market Reform to Contingent Liabilities

Electricity market structures come in different shapes and forms. Many have given rise to new players, particularly in power generation. Private participation brings advantages but also challenges to a sector that cannot be looked upon in isolation from the broader macroeconomic perspective. What are those advantages and challenges? How do they play out in Sub-Saharan Africa? Contingent liabilities have become a buzz word around infrastructure project development, but what exactly are they and how concerned should governments be? And most importantly, what can be done to tackle them?

The Clean Hydrogen Economy: Industrializing Africa at Net-Zero

Africa is by far the continent with the lowest carbon emissions, accounting for between 2% to 3% of global CO2 emissions (with South Africa accounting for about 33% of all CO2 emissions in Sub-Sahara Africa). However, with the prospects of increased intra-Africa trade as a consequence of the ambitions of African states under the African Continental Free Trade Area ("AfCFTA") it is inevitable for CO2 emissions to increase with the expanded use of fossil fuels (petroleum products, gas and coal) in prospective industries[1] who intend to tap into the opportunities that the AfCFTA presents. In addition, the prospects of increased trade between Africa states and other strategic trading partners such as the United States, the European Union and China will also contribute to Africa's pie of CO2 emission to increase gradually overtime. As for the rest of the world, the commitment to decarbonization the global economy has become even much strong pursuant to the release of report titled 'Climate Change 2021: The Physical Science Basis' dated August 2021 by the Intergovernmental Committee on Climate Change ("ICCC Report"). The ICCC Report has set-off the alarm bells that it may already be too late to meet the CO2 emissions target and has re-emphasized the need for accelerated investment in clean energy technologies and has now largely solidified the significant role green hydrogen can play as part of the energy transition from fossil fuels (petroleum products etc) to meet the global target of reducing CO2 emissions to about 1.5 degrees Celsius.

The Role of Climate Finance in Facilitating Low Carbon Electrification in SSA: Opportunities and Challenges

The incremental change in the level of greenhouse gas (GHG) emissions in the atmosphere has led to climate change characterised by rising global temperatures. This has resulted in extreme and often devastating weather across the globe with subsequent negative impact on the world’s economies and societies. The International Energy Agency (IEA) and the US Energy Information Administration (EIA) in July and October 2021 respectively issued projections to the effect that there is no peak in sight for carbon emissions and fossil fuels consumption. According to their data, the projections indicate that by 2050: - a) based on the current policy positions, there will likely be a 50% increase in energy consumption, b) carbon emissions will hit record high levels in the coming years as global economies recover from the disruptions of the COVID-19 pandemic, c) even though renewables will continue to be the fastest-growing new source of energy, hydrocarbon-based fuels will still meet the bulk of the projected demand and finally, d) that despite increased climate ambitions, the levels of funding that governments are allocating to sustainable climate-friendly recoveries is inadequate.