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. 

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.

Labour Markets Are Expanding to Global Workspaces, Here Are Some Economic and Institutional Imperatives for Africa

A welcome discussion has emerged around ameliorating labour supply and demand mismatches across the globe by expanding labour markets. South Africa and Nigeria are among several African countries with a structural unemployment problem, characterised by labour market inefficiencies, such as slow pace of job growth and low productivity. It has long been suggested that structural unemployment problems could be eased through reducing barriers to geographical labour mobility, so combined with labour shortages at industrialised countries, the idea of expanding labour markets is mature. Yet, the returns to such labour mobility are not evenly distributed; increased labour mobility could redistribute skilled workers away from African to more productive industrial countries. Formal labour migration agreements should position themselves to address such human capital redistribution accordingly maximising the returns to contractual parties. Destination countries can mitigate the impacts of redistribution of skilled workers by committing to skill formation at source and to migrant selection practices that are inclusive of mid and lower-level skill sets. Countries of origin can improve their labour market conditions, to create, and retain skilled workers, including through adjustments of professional regulatory practices.

Symposium on Reconceptualizing IEL for Migration: Framing Migration in the Post-Cotonou Agreement: Priorities and Challenges

Initiated in September 2018, the negotiations of the new Partnership Agreement between the European Union (EU) and its Member States, on the one hand, and the Organisation of African Caribbean and Pacific (OACP) States, on the other (henceforth the Post-Cotonou Agreement), ended in April 2021. This essay examines the strong focus on mobility and circular migration. It also shows that the emphasis on readmission (extensively detailed in Chapter 4 of the Post-Cotonou agreement) is tantamount to the EU’s attempt to consolidate legal mechanisms aimed at ensuring the temporariness of international migration. Such developments raise, however, a host of challenges.

Symposium on Reconceptualizing IEL for Migration: Sustainable Humanitarianism? Refugee Finance and the Financialization of International Protection

Much has been written about how international law generally, and international economic law more specifically, have enabled, facilitated and contributed to the continued racial ordering, discrimination, exploitation, and treatment of people on the move as ‘surplus’ population. The current COVID-19 pandemic, if anything, has laid bare how current economic structures entrench precarity and inequality, in a world in which borders may be seamless for goods and services, yet fortress-like and unwelcoming for those fleeing persecution, climate breakdown, armed conflict or abject poverty.

Symposium on Reconceptualizing International Economic Law for Migration: To Reimagine Must be to Decolonize

International economic law (IEL) seems largely to ignore the governance of international migration. Yet most international migration is conditioned by economic conditions. Historically, the coerced migration of enslaved Africans, and other regimes of territorial relocation were instrumental to the imperial advancement and economic profiteering that served as the precursor to contemporary global economic and political interconnection. But even today, the global economy depends on international migration. The International Labor Organization estimates that “migrant workers constitute 4.7% of all workers” globally. First World economies (at least according to reported data) rely on international migration even more than those of the Third World—“[a]s a proportion of all workers, migrant workers constitute 18.5 percent of the workforce of high-income countries, but only 1.4 to 2.2 percent of the labour force of law income countries.”

Symposium Introduction: Reconceptualizing International Economic Law for Migration: Transdisciplinary and Regional Perspectives

This symposium is focused on reimagining IEL for migration, underscoring the place of migration within the larger IEL discourse and unpacking the complex relationship between IEL rules and norms and international migration. The six essays in this symposium gather original and analytical work from established, mid-career, and young academics and practitioners that focus on critical, trans-disciplinary, and regional perspectives on the intersections of IEL and migration. In addition to theoretical analysis, this symposium also showcases empirical findings on the relationship between IEL and migration

A Review of Commentaries and Analysis on Nigeria’s Trade Marks Act By Mark Mordi

The author has carefully identified a vacuum in trademark law and practice in Nigeria and has admirably undertaken the herculean task of filling that gap by bringing to bear a solid 25-years of active and diligent practice in the field. Whilst the availability of local texts on the subject are few and far between, none has attempted to provide a practical guide to trademark law as practiced either before the registry or before the federal high courts. Mark Mordi’s book is likely to be well-received and appreciated by practitioners, the lawyers employed at the Trade Marks registry, scholars, researchers, and judges alike both for the comprehensive treatment of the subject and the erudite rendering of the issues. A review of the intimidating 526 page tome will readily impress on the reader the remarkable industry and intellectual exertion expended in putting it together.

Book Review: Commentaries and Analysis on Nigeria's Trade Marks Act by Mark Mordi

The book on commentaries and analysis on Nigeria’s Trade Marks Act is refreshing. There are limited literatures on trade marks law in comparison to other areas of intellectual property law in Nigeria. The approach adopted and the structure of the book is reader friendly and simple enough for those in the field and those new to the field to comprehend. Indeed, one of the issues in all areas of intellectual property law is clear understanding of what they entail. The passion or interest the author has for the area is thoroughly reflected in the book. Issues were teased out as commentaries; providing further knowledge on intricate areas of the Trade Marks Act in Nigeria.