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What The African Continental Free Trade Agreement Protocol On Dispute Settlement Says About The Culture Of African States To Dispute Resolution, Olabisi Akinkugbe
What The African Continental Free Trade Agreement Protocol On Dispute Settlement Says About The Culture Of African States To Dispute Resolution, Olabisi Akinkugbe
Articles, Book Chapters, & Popular Press
An effective Dispute Settlement Mechanisms (DSM) upholds a rules-based trade regime; enunciates, clarifies and develops the jurisprudence of its constituent trade agreement; and also ensures predictability in the trading regime. Article 20 of the African Continental Free Trade Agreement (AfCFTA) establishes the DSM. The AfCFTA Protocol on Dispute Settlement (“Dispute Protocol”) provides for the rules and procedures for the settlement of disputes. Unlike the majority of the African regional economic community courts that are modelled after the Court of Justice of the European Union, the AfCFTA-DSM follows a handful of other regional judicial bodies – such as the Southern …
Negotiating The Afcfta In The Shadow Of International And Regional Struggle For Power: A Caution!, Olabisi Akinkugbe
Negotiating The Afcfta In The Shadow Of International And Regional Struggle For Power: A Caution!, Olabisi Akinkugbe
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In this piece, I reflect on the contemporary international and regional struggle for power or influence and their potential implications for the Agreement for the Establishment of the African Continental Free Trade Area (AfCFTA). At the international level, Africa continues to be a battlefield of the struggle for global power, most recently, among a triad of countries: China, Russia and the United States of America. Regionally, the negotiation and eventual implementation of the AfCFTA will be embedded in a complex socio-economic and political dynamic that dates back to colonialism. These dynamics and the paradigm of trade alliances that emerge …
Welcome To Afronomicslaw.Org, James Gathii, Olabisi Akinkugbe, Nthope Mapefane
Welcome To Afronomicslaw.Org, James Gathii, Olabisi Akinkugbe, Nthope Mapefane
Articles, Book Chapters, & Popular Press
No abstract provided.
Separating The Wheat From The Chaff: Delimiting Public Policy Influence On The Arbitrability Of Disputes In Africa, Akinwumi Olawuyi Ogunranti
Separating The Wheat From The Chaff: Delimiting Public Policy Influence On The Arbitrability Of Disputes In Africa, Akinwumi Olawuyi Ogunranti
Articles, Book Chapters, & Popular Press
This article focuses on the arbitrability of disputes. It examines the recent global trend of delimiting the role of public policy in determining matters that should be subject to arbitration. The evaluation shows that the application of doctrines of separability and kompetenz-kompentenz plays a vital role in the delimitation process. However, notwithstanding the global trend to restrict the role of public policy in determining arbitrability, some countries in Africa still widely interpret public policy to revoke arbitral clause, stay arbitral proceedings, or refuse enforcement of foreign arbitral awards. They justify this approach on the basis that public policy is a …