African Union

CFP: African Union Commission on International Law - Constitutional Democracy, Rule of Law, and the fight Against Corruption

In implementing its mandate, AUCIL carries out a series of programs and activities such as AUCIL Forums which are organized every year and constitute a platform for discussion and interaction on issues of interest to Africa, viewed through the prism of International Law and African Union Law.

The Importance of Traditional Knowledge and Traditional Cultural Expressions in the AfCFTA

September 9, 2019

With the launching of the operational phase or phase 2 of the African Continental Free Trade Agreement (AfCFTA), debates and negotiations have started on different instruments that will govern this agreement. One of the main subjects would be intellectual property and particularly issues related to the protection of tradition knowledge (TK) and traditional cultural expressions (TCEs). The intellectual property (IP) Annex or chapter of the AfCFTA will give Africans countries a unique occasion to deal with these issues.

An African Response to WTO Reform Proposals

The lack of participation of African states in the WTO dispute settlement system is indicative to a certain extent of the discomfort that most African states feel vis-à-vis the said system. A future reform of the DSU must necessarily include procedural and substantive aspects to render dispute settlement more flexible for African countries.

A Future Court without Cases? On the Question of Standing in the AfCFTA Dispute Settlement Mechanism

One would be justified in thinking that AU member states have intentionally created a court which they consciously know they would hardly use given the inertia identified above. If the reforms that would extend standing to private parties are not undertaken, there is little guarantee that Member States will suddenly change their habits. Assuming for once that they trigger the mechanism, it is also very likely that, consistent with their practice for political solutions to legal problems, they would not proceed beyond the consultation and good offices stages provided in Articles 7 and 8 of the Dispute Settlement Protocol.

Post-Naimey Reflections on "Afri-Multilateralism": A New Dialectic on Sustainable Trade for the Global South

This new Continental Free Trade bloc is now entrusted with the competence to engage other FTA Blocs such as the European Union (EU), North American Free Trade Area (NAFTA) and Association of South Eastern Nations (ASEAN), on trade policy from an Afri-Centric perspective - the essence of Afri-Multilateralism. Hitherto, the various national governments across the Continent had engaged global trade from the prism of nationalistic interests but this new paradigm affords Africa, for the first time, an opportunity to engage on trans-Sahara, trans-Atlantic and trans-Pacific negotiations on an equal footing, and not under the auspices of 'emerging countries' or LDCs.

The Treaty Establishing the African Economic Community and the Agreement establishing the African Continental Free Trade Area: Some Relational Aspects and Concerns

While the establishment of a free trade area is categorically provided for as one of precursor stages to the AEC, it is appears to have been envisioned as being established primarily at the regional level (article 2 (d)), and not necessarily at the continental level. This was very much in line with the strategy to build the AEC through the RECs. The AEC Treaty did not get into the modalities of the establishment of the prospective free trade area, neither did it mention a further protocol in that regard. Whether this omission was deliberate, is subject to speculation, but perhaps it may have been based on the belief that RECs would be the drivers of free trade areas as opposed to a focused continental framework or mechanism.

Selection of Ghana to Host the AfCFTA Secretariat is a Befitting tribute to Kwame Nkrumah

Ghana and its founding father, Kwame Nkrumah, have played a pivotal role in the Africa’s revolution, integration and the evolution of Pan Africanism in general.  Besides his prolific writings, which cemented his place as a foremost proponent of Pan Africanism, Nkrumah was not only a freedom fighter, but also one of the recognisable organisers of the 1945 Manchester Pan Africa congress which primarily advocated for decolonisation of the continent and the supplanting of colonialism with African socialism.

Investor Responsibility towards Local Communities in Extractive Industry Projects in African Countries

Local communities, for their part, consider investor responsibility a necessary part of the fabric of international law and politics. While the AU works towards framing business and human rights in Africa along with global developments regarding a treaty on business and human rights and treaties such as the Morocco/Nigeria BIT, African peoples and communities continue to adopt available mechanisms as avenues for communicating their positions on these important issues and exercising agency on a subject that is of utmost importance to their wellbeing.