International Economic Law

A Reflection on African Trade and Investment Wars in Context

In this essay, we center some of the intra-African trade wars in context. First, these trade and investment wars reveal the ways in which investors maneuver and respond to the hostile regulatory actions of a hegemon state by moving their investments to a friendlier economy. Our first example between Uganda falls into this category. In response to the actions of the Kenyan government, the investors secured market access in Zambia. Zambia thus became a beneficiary of the trade war between Uganda and Kenya. Second, the trade and investment wars bode well for the future of trade liberalization in Africa under the AfCFTA because this probably points to rising trade volumes between African states. Third, as we show in the context of the examples we discuss, the citizens of States that have taken the more hardline posture on the regulatory measure at the heart of the trade and investment war appear to be worse off in their capacity to generate sustained economic development. Fourth, in some cases, African trade and investment wars are caused by socio-economic conflicts. The xenophobic attacks in South-Africa are illustrative of this example. The xenophobic attacks often escalate to trade wars and retaliatory economic backlashes. Fifth and finally, we loop in the AfCFTA and arguethat the trade wars remain a threat to the realization of the promise of the AfCFTA.

Afronomicslaw Academic Forum Inaugural Conference: Critical and Contextual Perspectives on International Economic Law: Amplifying the Voices of African Students and Early-Career Researchers

January 24, 2022

We are delighted to invite you to the inaugural Afronomicslaw Academic Forum Annual Conference. The Online Conference is scheduled for the 5th of February 2022. This inaugural conference is co-sponsored by the African Sovereign Debt Justice Network (AfSDJN) and the African International Economic Law Network (AfIELN).

The conference's theme is: 'Critical and Contextual Perspectives to International Economic Law: Amplifying the Voices of African Students and Early-career Researchers'.

Journeying Towards an African Electricity Market: An International Economic Law Perspective

Electricity security is in today’s world a critical component for a well-functioning economy. Many African countries rely heavily on fossil fuels for electricity generation, while others have successfully harnessed renewable energy sources – Kenya being an example, with over 80% of its power generation being from renewable energy sources. With the global push to de-carbonise national economies, particularly the power sector, the interdependence of countries through electricity trade will become increasingly important. Countries are now only looking to develop their own clean energy capacity, but will in future, also seek to harness that of neighouring countries through cross-border power trade.

Power Sector Reforms in Africa: Balancing States’ Regulatory Powers with their International Legal Commitments

As observed by the International Energy Agency’s most recent World Energy Outlook, the Covid-19 crisis has underlined the importance of a reliable, affordable and secure electricity supply that is able to accommodate sudden changes in behaviour and economic activity, while continuing to support vital services. The electricity sector will play a key role in supporting economic recovery, and an increasingly important long-term role in providing the energy that the world needs, as it evolves into a system with lower CO2 emissions and enhanced flexibility.

Pre-colonial Trade in Africa and International Law: Setting a Research Agenda

It is accepted that legal doctrine is a normative discipline, which is not only describing and systematising norms, but also predominantly a discipline which takes normative positions and makes choices among values and interests. Consequently, the quest to find “better law” by adopting certain interpretative or normative positions often leads to elements external to law and legal doctrine such as philosophy, morals, history, sociology, economy, and politics. Hence, looking for better law involves empirical research particularly as better, in the context of this post, refers to a historical and sociological perspective on the balancing of the Eurocentric make-up of international law. Thus, the teaching of precolonial African trade usages should be explicitly embedded into the public international law (and international trade law) curriculum in Nigerian universities. This has already been done in international relations programmes in some Nigerian universities.

Call for Regional Representatives for the Afronomicslaw Academic Forum (Eastern Africa) November 2021

The Afronomicslaw Academic Forum is an inclusive space that brings together undergraduate and graduate students and early career researchers who are interested in international economic law (IEL) matters as they relate to Africa and the Global South. The Academic Forum is part of Afronomicslaw, an academic and political project that ‘focuses on IEL themes as they relate to Africa and the Global South. A major goal of Afronomicslaw is to amplify the voices and issues that are not often part of the conversation in the scholarship and practice of IEL.

Reflections on Day 2 of the AfIELN Biennial Conference: Covid-19 and International Economic Law: Africa’s Experiences and Responses

It is apparent that the issue of private creditors in relation to African sovereign debt is a ticking timing bomb in Africa. Africa, though rich in minerals, has slow economic growth and a serious debt problem. There is thus a need for a harmonised legal framework that deals with the issue of sovereign debt, set a limit on debt levels, and outlines how debt restructuring should occur. Africa cannot afford to wait for the active buy-in of other multilateral players in order to develop this legal framework; Africa needs to drive this initiative. In addition, both players—being African countries and private creditors—must take responsibility to avoid reckless lending. This can also be addressed in a much-needed comprehensive legal framework.