Analysis

I am proud to present this book symposium on my book titled, Energy Poverty and Access Challenges in Sub-Saharan Africa: The role of Regionalism (Palgrave, 2019).  With the increasing role of regionalism and globalism, this book discusses the various energy challenges in Africa, and how these can be addressed through regional cooperation.

Teyliom v. Benin, a new ICSID case has commenced following the appointment of its sole arbitrator on October 23, 2020. The request for arbitration in this case against Benin was filed this summer. This is the very first ICSID claim against Benin. What we know is that in 2017 Benin  faced an investment arbitration at the Stockholm Chamber of Commerce (“SCC”).

The laws of the international trading regimes are crafted, not by Africans, but by economists and policymakers in the Global North, with the interest of the elites of the Global North at the heart of any prescriptions. That is why neoliberalism and the “free market” is sold as the panacea for Africa’s developmental impasse.

In an essay published in 2002, the late Kenyan scholar, Ali Mazrui, asked the critical question of who killed democracy in Africa. In his archetypal incisive take on African issues, Ali Mazrui delved into history to identify both internal and external forces that have conspired to commit the crime of “democra-cide”. Suffice to say that although the political dynamics of the continent has evolved, many of the culprits mentioned by Ali Mazrui are still busy at the slaughter slab, shredding democracy into bits.

On October 9, the Dutch and Nigerian subsidiaries of Italian Eni have filed a request for arbitration at ICSID. The dispute revolves around Shell and Eni’s 2011 purchase of the Oil Prospecting Licence (“OPL 245”) from the company Malabu Oil and Gas Limited (“Malabu”) for USD $1.3 Billion.

This paper engages in a critical legal analysis of Professor Ian Taylor’s article, Sixty Years Later: Africa’s Stalled Decolonization. It is not meant to be an exhaustive analysis but will provide a limited legal perspective of the article’s foundational arguments on the underlying causes of Africa’s economic underdevelopment, through a legal lens rooted in intellectual property (IP) law and international investment law (IIL).

I propose that it is our current and future battles that will determine the meaning and impact of decolonisation in Africa and beyond. As things stand now, the dead are certainly not safe. Let me elaborate on this claim drawing from Professor Taylor’s work: his piece draws from the classics of Third Worldist Marxism and dependency theory to provide a sober account of Africa’s nominally post-colonial present.

This article aims to demonstrate that the Interocean case is a paradigmatic decision, testing the limits of the Nigerian Foreign Investment Framework. The analysis concludes with tactical considerations regarding the designation of the State as well as its National Oil Company ("NOC") in ICSID proceedings. It concludes that the Interocean case has paved the way for shareholder disputes in oil and gas to be heard in Nigerian Courts.

This blog post highlights the International Law encounter at WBNUJS for the undergraduate programme in addition to the incidental confrontations with International Law for students and my reflections of the same.

We need to think broadly, and across policy areas as: “Indeed, in general, the improved aggregate poverty situation [in South Africa] is due to the increased support coming from social grants and not from the labour market”. Social, technological and economic policy should coordinate for better outcomes. If COVID-19 has shown as anything, it is not that we are the subjects of external, uncontrollable phenomenon - but rather that we are subject to outcomes born of the deliberate decisions of policy, law and economics.