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Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe
Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe
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The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Against the discontent of Member States and limited impact the existing highly legalized trade dispute settlement mechanisms have had on regional economic integration in Africa, this paper undertakes a preliminary assessment of the AfCFTA Dispute Settlement Mechanism (DSM). In particular, the paper situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African States with highly legalized dispute settlement systems and similar WTO-Styled DSMs among other shortcomings. Notwithstanding the transplantation of …
Deciding, ‘What Happened?’ When We Don’T Really Know: Finding Theoretical Grounding For Legitimate Judicial Fact-Finding, Nayha Acharya
Deciding, ‘What Happened?’ When We Don’T Really Know: Finding Theoretical Grounding For Legitimate Judicial Fact-Finding, Nayha Acharya
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The crucial question for many legal disputes is “what happened,”? and there is often no easy answer. Fact-finding is an uncertain endeavor and risk of inaccuracy is inevitable. As such, I ask, on what basis can we accept the legitimacy of judicial fact-findings. I conclude that acceptable factual determinations depend on adherence to a legitimate process of fact-finding. Adopting Jürgen Habermas’s insights, I offer a theoretical grounding for the acceptability of judicial fact-finding. The theory holds that legal processes must embody respect for legal subjects as equal and autonomous agents. This necessitates two procedural features. First, fact-finding processes must be …
How Covid-19 Rekindled The Spirit Of Teaching, Nayha Acharya
How Covid-19 Rekindled The Spirit Of Teaching, Nayha Acharya
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The abrupt end to our classes in the middle of March 2020 due to the Covid-19 situation reignited in me the real sense of what it means to be a teacher. It brought me out of the superficial notion, where being a law professor just means being someone who has students who will listen to me talk about the law, and into the deeper sense - that being a teacher involves a very special human relationship. This transition arose in me, I believe, because the Covid-19 situation forced me to slow down and sit still for a while, and that …