Magister Legum - LLM (Mercantile and Labour Law)

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Browsing by Subject "Africa"

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    The implications of the African continental free trade area on existing regional economic communities in Africa
    (University of the Western Cape, 2023) Tembo, Aaron; Lenaghan, Patricia
    Countries world over are employing different strategies to grow their economies and improve the living standards of their people. Among the initiatives being employed is regional economic integration. Regional economic integration is seen as a pathway to ensure easier access to bigger markets and increased levels of trade resulting in higher economic growth.1 Africa is not an exception to the foregoing. Indeed, Africa has since the early years of independence in the 1960s been pursuing the regional integration agenda. Independent Africa perceived increased trade through regionalism as the universal remedy for the twin problems of slow rates of economic growth and alleviation of poverty on the continent.
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    The importance of Bilateral Investment Treaties in relation to the protection and promotion of investment in Africa
    (University of the Western Cape, 2019) Ajayi, Olagoke Akinfemi; Wandrag, Riekie
    There is a growing concern around new patterns of negotiating international investment agreements vis-a-vis the recent withdrawals from Bilateral Investment Treaties (BITs) by developing countries. In recent times, the decision by a number of countries withdrawing their BITs with their investment partners raises questions to whether this investment instrument remains relevant in international investment discourse, 1or simply creates a gap to be exploited by larger entities or economies. The emergence of BITs became increasingly important within the framework of International Investment Law when emerging nations acceded to be members of the international community after World War II.2 Literature contends that emerging nations had little evidence to show that BITs have stimulated additional investments in developing countries, let alone revitalised domestic reforms during this era.3 Seemingly, these conditions are not peculiar to certain countries but cut across geographical regions.
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    Promoting and facilitating development through private sector inclusion under the Africa Continental Free Trade Agreement (AFCFTA) legal and institutional framework
    (2023) Kobel, Victoria R. Kirunda; Lenaghan, Patricia
    Free Trade Agreements (FTAs) have been fronted as vehicles for economic development by various scholars and economic organisations at large. But what is development? This is an important question which must be answered. Chidede, in his work, states that the term development has no universal definition but, at a more general level, entails a process, which aims at the constant improvement of the well-being of the entire population and all individuals on the basis of their active, free and meaningful participation in development and in the fair distribution of benefits resulting therefrom1 . This is an acceptable standard by which to judge development, especially in light of what has been termed as “sustainable development goals” 2. It is against this backdrop that this study aims to investigate the potential of the African Continental Free Trade Agreement (AfCFTA)3 to bring about not only development, but also inclusive development with a major focus on its ability to promote private sector inclusiveness, a key component to realising its agenda.