Increasing the benefits, reducing the costs
Adding competitiveness to the theory and practice of free trade agreements and regional integration in Africa
With an increase in the spread and impact of independent regulatory agencies, Africa now has a nascent but significant network of competition authorities and other economic regulators. This growth in African regulatory practice and influence contributes to the value of adding the factor of competitiveness to the theory and practice of African regional integration. To add competitiveness may well increase the total benefits and speed of these developments of multinational …
Between Narratives and Borders
Analyzing Ethiopia’s Domestic Labor Migration to the Gulf Countries
A significant number of Ethiopians are migrating to the Gulf countries to work in the domestic labor market. In late 2013, the Ethiopian government passed a temporary ban on labor migration, which was subsequently lifted five years later in January 2018. How have these legal developments shaped the current situation, and what are the major push factors influencing Ethiopian labor migration? Two factors are particularly noteworthy: first, a state monopoly …
Kofi Annan and International Law in Kenya
Dr. Kofi Annan, the former Secretary General of the United Nations, died recently. Many Kenyans took to social media to mourn the death of the African diplomat they had come to know through his efforts in curbing the 2008 post-election violence. Annan and the 2007 Election in Kenya The 2007 election in Kenya was charged and emotive. Mr. Raila Odinga, the then President Kibaki’s main challenger, had assembled an impressive …
Somaliland and Secession Politics in Eastern Africa
Somalia has been that isolated relative that no one speaks about. The one that lives in a little hut, far away from the general community, with little interaction with anyone. Nieces and nephews do not visit her, because she is said to be a witch. Everyone fears her, and so she is largely ignored. Nobody wants to go near her homestead. Since the overthrow of Siad Barre in 1991, Somalia …
Leveraging technology to enhance access to justice for children in Africa
To keep a finger on the pulse of time, technology and innovation are central to the implementation of the 2030 Agenda and the Sustainable Development Goals (SDGs). Context-informed and locally-adapted technology can be the catalyser to identify barriers in achieving the 2030 agenda and provide solutions for the sustainable development change so desperately needed. Ending all forms of violence against children is an integral part of the SDGs, namely through …
The first genocide of the 20th century before a domestic court
A New York Court about to decide on its jurisdiction in Rukoro et al. v. Germany
Once more, Germany is confronted with compensation claims concerning wrongs committed in the past (see on this topic already the post by Andreas Buser). After unsuccessful previous cases against Germany by the Ovaherero and Nama people before the Permanent Court of Arbitration and U.S. federal courts in Washington, D.C., the pending class action complaint against the Federal Republic of Germany in the United States District Court Southern District of New York is the …
Status: “It’s complicated”
On African leaders’ troubled relationship with international courts
Courts are to many African leaders what models are to soccer stars: they are arm candy, but they are not expected to develop a life of their own, or make anybody look bad in public. Thus, if international courts dare to touch upon issues that actually matter to African elites, they will either be killed off or neutered, or, if this is not possible, states will withdraw from their jurisdiction. …
Expanding Access to Justice for Socio-Economic Rights Complaints in South Africa
Which Direction Should We Head in?
The South African constitution has been lauded for its inclusion of justiciable socio-economic rights. Yet, making claims flowing from these rights remains inaccessible to many people across the country. This blog post (based on a paper being presented at a conference in Berlin on Constitutionalism in the Global South) seeks to consider the obstacles relating to access to justice for socio-economic rights claims in South Africa and potential solutions. I …
The International Arbitration Bill and the future of arbitrations in South Africa
“The vast bulk of Africa-related international arbitration cases are resolved in Europe.” Most treaties concluded by the Republic of South Africa (‘RSA’) do not require the exhaustion of domestic remedies before approaching an international tribunal. The case of Piero Foresti, Laura de Carli and others v. Republic of South Africa (ICSID Case No. ARB(AF)/07/1) (‘Piero Foresti’) has been cited as the case that galvanised the government of South Africa to take …
Putschists behind Bars?
Regional Criminalization of Unconstitutional Changes of Government in Africa
The Point of Departure Regionalism continues to increasingly develop in various fields of law. Abdoulaye Soma, who acknowledges the birth of an African international criminal law, analyses one of its specificities: the crime of unconstitutional changes of government. The latter constitutes one of the fourteen crimes falling within the jurisdiction of the Criminal Section of the African Court of Justice and Human Rights (ACtJHR), created by the Malabo Protocol of …