Analysis

Kenya’s negotiations with the United States while the African Union is in ongoing negotiations on a future agreement between African countries and the European Union that raises similar issues because of the upcoming expiration of the Cotonou Agreement, makes this an important period, perhaps a transitional moment in Africa’s trading relationship with the West. A lot is at stake and Kenya is right in the middle of it.

This post argues for greater collaboration between African countries and the Conference to ensure the continuing development of private international law on the continent, especially in fields of commercial significance. There are a number of important subject areas such as the enforcement of judgements, choice of law and jurisdiction agreements for which domestic reforms could be inspired by some of the Conference’s work.

South Africa now has an international arbitration regime that represents best practice internationally. However, there is a serious need to develop a proper jurisprudential framework for choice of court agreements. The challenge is to create a viable litigation counterpart to international arbitration agreements. It should be possible for parties to not only choose South Africa as a neutral arbitration venue, it should also be possible for them to choose South Africa as a neutral litigation forum.

Harmonisation of private international law in the African Union is currently remarkably underdeveloped. Since harmonisation is indispensable for the planned economic integration, it is essential to pursue further developments. To conclude, harmonisation of private international law in the African Union is an affair to be closely followed.

A consideration of how Africa can fit into a global system of recognising and enforcing foreign judgments is important. However, it is also important for African countries to consider the extent to which their local jurisprudence can support an external system subject to domestic ratification. If African countries need a convention to improve their local jurisprudence in any significant manner, then sustainable development in this area of law may be more challenging than necessary.

Drawing from comparative experiences, it is opined that a systematic academic study of private international law might create the required strong political will and institutional support (which is absent at the moment) that is necessary to give private international law its true place in Africa.

The conference is organised by the Postgraduate and Early Professionals/Academics Network of the Society of International Economic Law (PEPA/SIEL) in collaboration with the International Law Forum and other sponsors at the Hebrew University of Jerusalem. SIEL’s Postgraduate and Early Professionals/Academics Network (PEPA/SIEL) is, among other things, interested in fostering collaboration and mentoring opportunities for emerging academics and professionals in International Economic Law (IEL). PEPA/SIEL fulfils these goals through various activities such as organising conferences at which emerging IEL academics and professionals can present and discuss their research in a supportive and welcoming environment.

Uncertainty looms for the Kenyan floriculture industry, as leaders of the East African Community Partner States – apart from Kenya - are stalling the ratification of the 2014 Economic Partnership Agreement with the European Union (EAC-EU EPA). This analysis explains the deadlock in which this industry finds itself. 

As this article focuses on comparative legal research, before choosing to employ it, it is critical to understand what it constitutes.  Hoecke notes that, ‘researchers get easily lost when embarking on a comparative legal research. The main reason being that there is no agreement on the kind of methodology to be followed, nor even on the methodologies that could be followed’. According to  Paris the lack of definition of what comparative law is, or what the method of comparative law is has exacerbated the situation.

TWAIL scholarship share three central themes. First, it engages in historical analysis to disinter partial narratives of international law. Second, the historical analysis exposes avenues through which particular aspects of international law are unjust to everyday realities of Third World peoples. Third, some TWAIL scholarship attempt to reform or transform unjust international law to suit the needs and realities of Third World peoples.