Stand-Alone Posts

On 22 April, the President of Madagascar Andry Rajoelina, launched what he called a cure for coronavirus, Covid Organics (CVO). The announcement drew interest from a few African countries and to date countries like Tanzania, Guinea Bissau, The Gambia and Senegal have already received shipment of CVO. While some have been sceptical about the remedy, others have praised it as an example of traditional medicine, reigniting a discussion around traditional medicine and intellectual property rights.

The question of a regulatory framework for this type of CSR at the African Union level is paramount. Such regulatory frameworks could be meta-regulatory in nature and thus embrace a mix of soft law and hard law rules with incentives. This need for policy and regulation is recognised in the African Union Agenda 2063 framework document both in order to effectively finance development objectives and to enable full exploitation of the partnership capabilities in the interest of Africa. The African Union has also pursued this set goal for agribusiness as a result of the Malabo declaration on accelerated agricultural growth commitments

In addition to BITs and IP laws, the Nigerian government can rely on the international law principle of necessity to justify taking measures such as compulsory licencing, yet the successful use of this principle depends on satisfying various conditions. Meanwhile, applicability of the customary doctrine of police powers to the claims arising under BITs has been accepted. This means that ISDS tribunals should thus attach normative propriety to state regulation in an epidemic.

Halting the rapid transmission of COVID-19 and reversing the trend of consequential global distress is a global concern and goal. As the WHO has rightly pointed out, this goal is only achievable when everyone, everywhere can access the health technologies they need for COVID-19 detection, prevention, treatment and response. This highlights the importance of international cooperation and solidarity for restoring global health security, now and for the future.

The Symposium will combine essays that are invited and that are selected from the submissions responding to this Call. We welcome essays responding and reflecting on the issues and perspectives raised by the report on `Teaching and Researching International Law in Asia’ recently released by the Centre for International Law.

There are many great things to say about the volume including the discussion about Africanization of international investment law and finding Africa's voice in it. Much of what one would have expected to see about Africa and ICSID is in there.

This analysis addresses the question whether it is constitutional and prudent for African states to agree to a treaty term such as national treatment, which limits their sovereign and constitutional powers to regulate in the public interest without having to account to foreign investors. The constitutions of many African states endorse the principle that sovereignty resides in the people.

The Agreement Establishing the AfCFTA is far more than just a trade agreement. It embodies long-held aspirations for an integrated Africa which, in the words of Ghana’s first Prime Minister and President, Dr. Kwame Nkrumah, would be better equipped to “tackle hopefully every emergency, every enemy and every complexity.” As one of the flagship projects of the AU’s Agenda 2063, the free trade initiative is envisioned as a pathway to an African renaissance in both economic and cultural terms. According to the United Nations Economic Commission for Africa, the AfCFTA could integrate 55 African Union (AU) member states in a market of about 1.2 billion people with an estimated gross domestic product of US $ 2.5 trillion. Moreover, the area is expected to reflect the continent’s “common identity by celebrating our history and our vibrant culture.”

The dire situation caused by COVID-19 has led governments to explore options for various alternatives to control its spread. Alongside other measures, states across the globe, including some African nations, are introducing contact-tracing through mobile/smartphone apps. This is particularly so in South Korea, Taiwan, China and Singapore East and Southeast Asian countries. Europe and the US are also considering the alternative.

The recruitment process for some key positions for the African Continental Free Trade Area Secretariat is now opened.