Symposium Posts

Students who study law at the National University of Lesotho (NUL) participate in various moot court competitions involving a wide array of legal fields. One example is the John H. Jackson Moot Court Competition. NUL has taken part in this competition on four occasions- twice making it into the international final round. There are several challenges to teaching International Economic Law (IEL) at NUL (these have been traversed in an earlier piece). However, participation in moot court competitions has proved to be a novel way of overcoming some of these challenges.

“Africa’s riches” include its law students, and Africa has the means to unleash that resource for its own benefit and the world’s. To close the circle and exhort the law students and young lawyers of Africa: seize the opportunities, face the challenges, and remember, Nelson Mandela’s words; I never lose. I either win or learn.

In sum, I would say that as a team our moot experience has been shaped by perseverance, thirst, research, practice, and teamwork. Any African students who learn from our lessons can become phenomenal

Supporting moot court competition through funding initiatives is one way to offer support. Another way is to offer knowledge and expertise on substantive law as well as presentation skills.

This symposium presents two interesting memoirs of African students who have participated in these moots and have chosen paths of graduate studies that are related to international economic law and development studies. Mr Mishael Wambua a student at Strathmore University Law and last year winner and best oralist at the John H. Jackson writes about his experience and advice to future mooters. Ms Purity Maritim a former participant of the same moot and now a masters student at the Graduate Institute in Geneva also writes about her experiences and what she learnt from the moot. The other two contributions are from Mr Christian Campbell the Assistant Director FDI moot and Tsotang Tsietsi lecturer and moot coach from the National University of Lesotho. These two contributions present two interesting perspectives on the many directions that moot court competitions can take for Africa in the near future.

Nigeria, similarly, must now contend with a whole range of issues discussed at the CLRNN. These issues demand attention in order to advance objectives of furthering social and economic development. Reducing legal uncertainty and unleashing the power of Nigerian enterprise to more efficiently tackle its’ own challenges is a matter of the highest concern; in this way Nigeria can genuinely become the economic powerhouse it seeks to be, for Africa, and the world.

While the Nigerian Office for Trade Negotiations (NOTN) 2017 Nigerian Annual Trade Policy Report (NAPTOR) was an excellent step in the right direction, it is not enough. As such, in the spirit of the legal reform proposals that the CLRNN inaugural conference demanded, I urge the Nigeria government to develop and adopt a coherent and robust regional trade policy that will be updated from time to time to reflect the realities of the day.

Under the imperialism approach transplanted commercial laws especially from countries receiving these laws from their colonial or other western metropolitan centers are viewed as aimed at securing the immediate and future commercial interests of the colonial/metropolitan empire and not the interests of the peoples of the receiving countries.

In this post, I argue that the 1991 UPOV Convention, which is the only UPOV Convention open for accession, is unsuited to Nigeria, principally because it provides a closed plant breeders rights system that favours (commercial) plant breeders, to the detriment of small scale farmers. Nigeria has over 70 per cent small scale farmers that stand to be side-lined by a UPOV-styled system. Accordingly, I urge the Nigerian Government to cease, or at the least delay, the ongoing legislative process.

Medium, small and micro enterprises (MSMEs) play a significant role in the building and sustenance of a nation's economy. Small and medium scale enterprises constitute about 80% of Nigerian businesses and therefore are very crucial to the Nigerian economy. However, MSMEs mostly depend on credit facilities to build and sustain their companies but have little of immovable assets to offer as security. Another challenge of MSMEs is poor management and governance, which also is a credit risk.