DELINEATING THE COMMON DENOMINATORS OF ACTORS AND FUNCTIONALITY IN ENSURING THE EFFECTIVENESS OF TREATIES IN AFRICA – CASE STUDIES OF SOUTH AFRICA AND NIGERIA

Citation

Okoli P (2022) DELINEATING THE COMMON DENOMINATORS OF ACTORS AND FUNCTIONALITY IN ENSURING THE EFFECTIVENESS OF TREATIES IN AFRICA – CASE STUDIES OF SOUTH AFRICA AND NIGERIA. Cornell International Law Journal.

Abstract
African countries have continued to witness a surge in international commercial transactions with other parts of the world. Although China has taken the centre stage, the expansion of international dealings compels reflections on how to promote international trade. One such method is the use of treaties. In many African countries, treaties do not have the intended maximum effect. This is an impediment to deriving benefits even when treaties are signed because the treaty making processes do not support a clear approach that can facilitate treaty effectiveness. In considering some treaties that have commercial implications, this article examines the impact of legal history and how this has shaped the current trajectory in Africa. The institutional frameworks of South Africa and Nigeria are examined through trade, judgments, and evidence. Key themes are examined through the UNCITRAL, The Hague and the African Union. The article makes a case for a “front-loaded functionality” approach.

Journal
Cornell International Law Journal