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The Criticism Of Eurocentrism And International Law: Countering And Pluralizing The Research, Teaching, And Practice Of Eurocentric International Law, Makane Moïse Mbengue, Olabisi D. Akinkugbe
The Criticism Of Eurocentrism And International Law: Countering And Pluralizing The Research, Teaching, And Practice Of Eurocentric International Law, Makane Moïse Mbengue, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
This Chapter draws on Third World Approaches to International Law (TWAIL) in examining the question: how does the research and teaching of international law in the Global South challenge Eurocentrism in international law. The Chapter focuses on the emergent activities within Global South that pluralize Eurocentric international law’s dominance in the research production, teaching, and practice arenas. The Chapter pushes against the unfair over-representation of European countries in the scholarly production and institutions of international law. To illustrate the often-underexplored regional diversity of international law outside Europe, the Chapter reflects on the contemporary roles of critical Global South scholars and …
Reflections On The Value Of Socio-Legal Approaches To International Economic Law In Africa, Olabisi D. Akinkugbe
Reflections On The Value Of Socio-Legal Approaches To International Economic Law In Africa, Olabisi D. Akinkugbe
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In their introductory essay to the 2021 Chicago Journal of International Law Symposium, Daniel Abebe, Adam Chilton, and Tom Ginsburg offer an account of “the rise of the social science approach to international law, explain the basics of the method, and advocate for its continued adoption.”
This Essay critically assesses how and why one might use socio-legally inspired methods (analytical, empirical, and normative) for the study of international economic law (IEL) in Africa. It illustrates the empirical method’s importance in understanding one of the most challenging aspects of the study of IEL in Africa: capturing the data and dynamism of …
Dispute Settlement Under The African Continental Free Trade Area, Olabisi D. Akinkugbe
Dispute Settlement Under The African Continental Free Trade Area, Olabisi D. Akinkugbe
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Article 20 AfCFTA establishes a Dispute Settlement Mechanism, the Protocol on Rules and Procedures on the Settlement of Disputes (‘the AfCFTA DSM Protocol’; ‘Protocol’) and a Dispute Settlement Body (‘DSB’) for resolving disputes between State Parties. The AfCFTA dispute settlement mechanism is a central element of the AfCFTA as it provides security and predictability to the regional trading system (Art 4 AfCFTA-DSM Protocol). The AfCFTA dispute settlement mechanism will ‘preserve the rights and obligations of State Parties under the Agreement and clarify the existing provisions of the Agreement in accordance with customary rules of interpretation of public international law’ (Art …
Africanization And The Reform Of International Investment Law, Olabisi D. Akinkugbe
Africanization And The Reform Of International Investment Law, Olabisi D. Akinkugbe
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Recent trends in reforms by African states in the field of International Investment Law (IIL) has been dubbed as the Africanization of IIL. These important debates regarding reform of IIL in Africa foreground innovative aspects of International Investment Agreements (IIA) in contrast to the traditional IIL regime. The debates also remind us of the relative lack of African voices in the global IIL reform agenda. There is however little research that critically analyze the Africanization of IIL thesis.
This article undertakes this analysis. Drawing on TWAIL, it characterizes Africanization of IIL into ‘moderate’ and ‘radical’ reforms. The article analyzes the …
Judicialization Of Election Disputes In Africa's International Courts, James Thuo Gathii, Olabisi D. Akinkugbe
Judicialization Of Election Disputes In Africa's International Courts, James Thuo Gathii, Olabisi D. Akinkugbe
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This article assesses what benefit losers of high-stakes national elections think they will get from petitioning international courts in Africa. We seek to establish how judicial intervention differs before an election when there is a risk of an international law violation, versus after an election has occurred and the result is viewed as flawed. We address these questions by drawing on a set of disputes decided by international courts in Africa in the African Court, the Economic Community of West African States (“ECOWAS”) Community Court of Justice, and the East African Court of Justice. We supplement our analysis by discussing …
Africa’S Participation In International Economic Law In The 21st Century: An Introduction, Olabisi D. Akinkugbe, Ohio Omiunu, Amaka Vanni, Regis Y. Simo, Luwam Dirar
Africa’S Participation In International Economic Law In The 21st Century: An Introduction, Olabisi D. Akinkugbe, Ohio Omiunu, Amaka Vanni, Regis Y. Simo, Luwam Dirar
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This is the introduction to the Manchester Journal of International Economic Law Symposium Issue based on selected papers presented at the Fourth Biennial Conference of the African International Economic Law Network at Strathmore Law School, Nairobi, Kenya in July 2019. The introduction also reflects on four important spaces for the consolidation of the scholarship, teaching and research, practice and policy relating to international economic law in Africa.
Africa’S Participation In International Economic Law In The 21st Century: An Introduction, Olabisi D. Akinkugbe, Ohio Omiunu, Amaka Vanni, Regis Y. Simo, Luwam Dirar
Africa’S Participation In International Economic Law In The 21st Century: An Introduction, Olabisi D. Akinkugbe, Ohio Omiunu, Amaka Vanni, Regis Y. Simo, Luwam Dirar
Articles, Book Chapters, & Popular Press
This is the introduction to the Manchester Journal of International Economic Law Symposium Issue based on selected papers presented at the Fourth Biennial Conference of the African International Economic Law Network at Strathmore Law School, Nairobi, Kenya in July 2019. The introduction also reflects on four important spaces for the consolidation of the scholarship, teaching and research, practice and policy relating to international economic law in Africa.
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
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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
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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 …
Revisiting The Economic Community Of West African States: A Socio-Legal Analysis, Olabisi D. Akinkugbe
Revisiting The Economic Community Of West African States: A Socio-Legal Analysis, Olabisi D. Akinkugbe
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Recent years have seen a growing scholarly interest in the conditions of emergence of regional trade agreements in Africa. These analyses have advanced our knowledge on a range of technical issues, from specific institutional transformation of regional economic communities such as the Economic Community of West African States (ECOWAS) to broad legal issues relating to the provisions of the regional trade agreements. Most literature on ECOWAS is, however, informed by legal formalism that interprets the text of the treaties strictly and without context, leading to a dominant interpretation of failure.
By contrast, this thesis adopts a socio-legal approach and argues …