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China In Africa And The Law, Salvatore Mancuso

Annual Survey of International & Comparative Law

This paper is based on the enormous amount of Chinese investments in Africa, with the objective of considering the legal aspects involved therein. Under international business law, commercial relations are usually ruled according to the law of the country hosting the investment.

This paper will examine the challenges presented by Chinese investments in Africa given that the systems of business law in Africa are generally out of date and enforcement mechanisms under Western rule of law standards are often far from the reality. This observation is accompanied by the fact that there is presently a wide movement towards legal integration …

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An Overview Of The Challenges Facing The International Court Of Justice In The 21st Century, S. Gozie Ogbodo

Annual Survey of International & Comparative Law

The effectiveness of the International Court of Justice (ICJ) is critical for global survival and progress in the 21st century. Unfortunately, after over six decades in existence, the Court’s influence is declining. This work argues that to revitalize the influence and effectiveness of the Court, some vital reforms must be undertaken in the ICJ system. These reforms must address: (1) the process of election and re-election of ICJ judges; (2) the conflict of interest arising from the presence of permanent members of the United Nations Security Council on the Court; (3) the issue of the Court’s compulsory jurisdiction; and (4) …

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