Routledge Studies on Law in Africa – serie

In 2018, the members of the African Union adopted the African Continental Free Trade Area Agreement (AfCFTA). This book examines the AfCFTA, dissecting its key provisions. It stresses the importance of the AfCFTA in the context of increasing episodes of trade protection in Africa, and it theorizes on the role of the treaty organs. The book also examines the importance of citizen participation for the success of the AfCFTA, as well as exploring the role sub-state actors can play. Ultimately, the study adds to the understanding of the array of problems that are associated with regional trade in Africa and the role law plays in resolving these problems. It will be of importance to academics and students of international law, especially those with an interest in African trade law, as well as legal professionals and policymakers.

This book provides a critical analysis of the enforcement regime for breach of directors’ duties in sub-Saharan Africa. Focusing on Nigeria, Kenya, Ghana, and Tanzania, it interrogates the current ‘state of play’ regarding the enforcement of directors’ duties in sub-Saharan African countries.The book examines the effectiveness of enforcement, the reasons for its successes or failures and how it might be improved in these countries. Finally, taking into consideration the specific socio-cultural context of the countries in question, it offers persuasive and practical avenues for reform.This book will be of interest to scholars and practitioners of comparative corporate law and corporate governance in Africa.

This book provides a systematic analysis of the major structural and institutional governance mechanisms in Cameroon, critically analysing the constitutional and legislative texts on Cameroon’s semi-presidential system, the electoral system, the legislature, the judiciary, the Constitutional Council and the National Commission on Human Rights and Freedoms. The author offers an assessment of the practical application of the laws regulating constitutional institutions and how they impact on governance. To lay the groundwork for the analysis, the book examines the historical, constitutional and political context of governance in Cameroon, from independence and reunification in 1960–1961, through the adoption of the 1996 Constitution, to more recent events including the current Anglophone crisis. Offering novel insights on new institutions such as the Senate and the Constitutional Council and their contribution to the democratic advancement of Cameroon, the book also provides the first critical assessment of the legislative provisions carving out a special autonomy status for the two Anglophone regions of Cameroon and considers how far these provisions go to resolve the Anglophone Problem.This book will be of interest to scholars of public law, legal history and African politics.The Open Access version of this book, available at https://www.taylorfrancis.com/books/9781351028868, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

This book provides a critical analysis of the enforcement regime for breach of directors’ duties in sub-Saharan Africa. Focusing on Nigeria, Kenya, Ghana, and Tanzania, it interrogates the current ‘state of play’ regarding the enforcement of directors’ duties in sub-Saharan African countries.The book examines the effectiveness of enforcement, the reasons for its successes or failures and how it might be improved in these countries. Finally, taking into consideration the specific socio-cultural context of the countries in question, it offers persuasive and practical avenues for reform.This book will be of interest to scholars and practitioners of comparative corporate law and corporate governance in Africa.

This book examines the national legal frameworks in place for internally displaced people in Nigeria and considers how they can be extended to provide further legal protection.Despite a growing global awareness of the importance of developing solutions to the problem of internal displacement, how that translates to national level response is often under-researched. This book focuses on Nigeria, where conflict and violence continue to drive high levels of displacement. The book begins by examining the definitions and causes of internal displacement in the national context, before considering the state of national law, and the applicability of the Kampala Convention for furthering protection and assistance for internally displaced persons.This book will be of interest to researchers of African studies and internal displacement, as well as to policy makers, civil society organizations, humanitarian actors and other regional and international stakeholders.

This book examines the national legal frameworks in place for internally displaced people in Nigeria and considers how they can be extended to provide further legal protection.Despite a growing global awareness of the importance of developing solutions to the problem of internal displacement, how that translates to national level response is often under-researched. This book focuses on Nigeria, where conflict and violence continue to drive high levels of displacement. The book begins by examining the definitions and causes of internal displacement in the national context, before considering the state of national law, and the applicability of the Kampala Convention for furthering protection and assistance for internally displaced persons.This book will be of interest to researchers of African studies and internal displacement, as well as to policy makers, civil society organizations, humanitarian actors and other regional and international stakeholders.

This book reflects on the development of Nigeria’s intellectual property law and outlines the urgent need for reform. Bringing together expert contributors from around the world, the book identifies and discusses the inadequacies and lacunas in current intellectual property law, and how it is practiced and applied in Nigeria. The book argues that the revision and reform of Nigeria’s intellectual property law will be vital for the country’s development and national interests, whilst also recognising that Nigeria’s legal provisions must sit within a broader global context. Divided into three parts, the book discusses patents, trademarks, and copyright in the context of broad overarching themes affecting all aspects of intellectual property law. Honouring Professor Adebambo Adewopo SAN, the pioneering thinker in Nigerian intellectual property law, this book will be an important resource for researchers working on African Law.

This book reflects on the development of Nigeria’s intellectual property law and outlines the urgent need for reform. Bringing together expert contributors from around the world, the book identifies and discusses the inadequacies and lacunas in current intellectual property law, and how it is practiced and applied in Nigeria. The book argues that the revision and reform of Nigeria’s intellectual property law will be vital for the country’s development and national interests, whilst also recognising that Nigeria’s legal provisions must sit within a broader global context. Divided into three parts, the book discusses patents, trademarks, and copyright in the context of broad overarching themes affecting all aspects of intellectual property law. Honouring Professor Adebambo Adewopo SAN, the pioneering thinker in Nigerian intellectual property law, this book will be an important resource for researchers working on African Law.

Social and economic rights have hitherto been marginalised in mainstream legal and political discourses and treated as second-class citizens in the human rights family. These rights are now receiving increasing attention in law and politics, arguably because they raise existential questions on human security and dignity. This one-stop volume examines the international and public law perspectives on socio-economic rights in Africa. Working on the premise that these rights are normative and justiciable, the author methodically and expertly examines the legal frameworks for their protection in global, regional, and national instruments, infusing the analysis with African and comparative jurisprudence. The author also examines the nature of obligations on these rights as well as the interpretive methodologies that should be deployed towards their realisation. In blending theory with practice, the book also reflects on some governance challenges that continue to hobble the effective realisation of these rights in Africa. The book is a seminal contribution on an important field, an ideal companion for human rights practitioners, international and constitutional lawyers, judges, government advisors, students, social workers, and everyone who desires ‘freedom from fear and want’.

Social and economic rights have hitherto been marginalised in mainstream legal and political discourses and treated as second-class citizens in the human rights family. These rights are now receiving increasing attention in law and politics, arguably because they raise existential questions on human security and dignity. This one-stop volume examines the international and public law perspectives on socio-economic rights in Africa. Working on the premise that these rights are normative and justiciable, the author methodically and expertly examines the legal frameworks for their protection in global, regional, and national instruments, infusing the analysis with African and comparative jurisprudence. The author also examines the nature of obligations on these rights as well as the interpretive methodologies that should be deployed towards their realisation. In blending theory with practice, the book also reflects on some governance challenges that continue to hobble the effective realisation of these rights in Africa. The book is a seminal contribution on an important field, an ideal companion for human rights practitioners, international and constitutional lawyers, judges, government advisors, students, social workers, and everyone who desires ‘freedom from fear and want’.

Against a background of calls to prioritise the improvement of financial inclusion in Africa, this book provides an analysis of current financial inclusion measures in Southern Africa. Evaluating the existing strengths and weaknesses of financial inclusion in Africa, it identifies opportunities to improve inclusive financial services and aid poverty reduction in the region. With a focus on South Africa, Namibia, Botswana, and Zimbabwe as case studies for assessing current financial inclusion in the context of particular challenges faced by unbanked and underbanked customers, who are easy targets for cybercriminals due to low levels of digital literacy, it looks into the regulation and promotion of financial inclusion in Southern Africa. The book explores financial inclusion in the context of digital transformation in the 21st century, examining the regulation and promotion of financial inclusion in the context of digital transformation, as well as the challenges related to financial inclusion. Suggesting improvements to aspects of company law, securities and financial markets in the Southern African Development Community region, the book offers a comprehensive study on the regulation and promotion of financial inclusion in the Southern African Development Community region. It will be essential reading for students and academics researching financial inclusion, international economic law and development.

Against a background of calls to prioritise the improvement of financial inclusion in Africa, this book provides an analysis of current financial inclusion measures in Southern Africa. Evaluating the existing strengths and weaknesses of financial inclusion in Africa, it identifies opportunities to improve inclusive financial services and aid poverty reduction in the region. With a focus on South Africa, Namibia, Botswana, and Zimbabwe as case studies for assessing current financial inclusion in the context of particular challenges faced by unbanked and underbanked customers, who are easy targets for cybercriminals due to low levels of digital literacy, it looks into the regulation and promotion of financial inclusion in Southern Africa. The book explores financial inclusion in the context of digital transformation in the 21st century, examining the regulation and promotion of financial inclusion in the context of digital transformation, as well as the challenges related to financial inclusion. Suggesting improvements to aspects of company law, securities and financial markets in the Southern African Development Community region, the book offers a comprehensive study on the regulation and promotion of financial inclusion in the Southern African Development Community region. It will be essential reading for students and academics researching financial inclusion, international economic law and development.

In 2018, the members of the African Union adopted the African Continental Free Trade Area Agreement (AfCFTA). This book examines the AfCFTA, dissecting its key provisions. It stresses the importance of the AfCFTA in the context of increasing episodes of trade protection in Africa, and it theorizes on the role of the treaty organs. The book also examines the importance of citizen participation for the success of the AfCFTA, as well as exploring the role sub-state actors can play. Ultimately, the study adds to the understanding of the array of problems that are associated with regional trade in Africa and the role law plays in resolving these problems. It will be of importance to academics and students of international law, especially those with an interest in African trade law, as well as legal professionals and policymakers.

This book discusses the issue of limited stakeholder recognition and protection of stakeholder interests within the Anglo-Saxon corporate governance model practised in many sub-Saharan African countries.The volume argues that the relative success of the Anglo-Saxon model in developed economies is attributed to the presence of functional institutions, such as effective legal systems, active external markets for corporate control, and organised civil societies, among others. Many African countries, such as Nigeria and South Africa, have adopted the UK corporate governance framework despite facing challenges occasioned by an inefficient legal system plagued by systemic corruption. Given the challenging institutional contexts in African countries, this book proposes an alternative corporate governance framework – the functional stakeholder model (FSM) – for the banking industry in countries facing similar institutional challenges; the FSM aims to promote stakeholder recognition and the protection of stakeholders' interests. The book draws on stakeholder and institutional theories in designing an alternative corporate governance model, the ‘FSM’ for banks operating in challenging institutional contexts.The book will interest regulators, bankers, auditors, academia, policymakers, and researchers in comparative corporate governance and financial regulation, especially banking regulation and stakeholders in developing and emerging markets.

This book discusses the issue of limited stakeholder recognition and protection of stakeholder interests within the Anglo-Saxon corporate governance model practised in many sub-Saharan African countries.The volume argues that the relative success of the Anglo-Saxon model in developed economies is attributed to the presence of functional institutions, such as effective legal systems, active external markets for corporate control, and organised civil societies, among others. Many African countries, such as Nigeria and South Africa, have adopted the UK corporate governance framework despite facing challenges occasioned by an inefficient legal system plagued by systemic corruption. Given the challenging institutional contexts in African countries, this book proposes an alternative corporate governance framework – the functional stakeholder model (FSM) – for the banking industry in countries facing similar institutional challenges; the FSM aims to promote stakeholder recognition and the protection of stakeholders' interests. The book draws on stakeholder and institutional theories in designing an alternative corporate governance model, the ‘FSM’ for banks operating in challenging institutional contexts.The book will interest regulators, bankers, auditors, academia, policymakers, and researchers in comparative corporate governance and financial regulation, especially banking regulation and stakeholders in developing and emerging markets.

This book examines artificial intelligence (AI) in Africa from a rights-based perspective. In recent years, technology has emerged as a significant disruptor, with AI, robotics and computer advancement in particular driving changes in societies around the world. There are evident and daunting implications across contexts and continents, and many countries are rapidly seeking to define patterns of solutions that can foster effective protection against the more challenging impacts of AI.This book considers the consequences of AI for civil and political rights, social, economic, and cultural rights, and collective rights in Africa, with particular reference to the African Charter. It considers how AI risks violating the rights enshrined in the Charter and considers how the norms outlined in the African Charter can provide the basis for a response. Overall, this book examines how a rights-based approach to AI can be realized, emphasising the imperatives for steering implementation.Providing an important guide for strategic action for the protection of human rights in the context of AI, this book will be an important read for researchers, policymakers and students in the fields of human rights and technology in Africa.

This book considers the challenges faced within criminal justice systems across a range of African jurisdictions, identifying recent efforts at reform, and highlighting instances of best practice.Most African countries continue to experience issues of unlawful pre-trial detention, human rights abuses in prisons, long periods of awaiting trials, and prolonged criminal trials. The presence of these issues mars criminal justice processes and judicial oversight functions, and risks feeding corruption and increasing risks of torture, as well as negatively impacting suspects, their families, and communities. Drawing on insights from African academics, judges, and legal practitioners, this book considers recent criminal justice reforms across Burundi, Congo, Ghana, Kenya, Nigeria, Rwanda, and South Africa. Authors focus on best practice for managing pre-trial detention, implementing effective non-custodial measures, expediting trials, and exploring the role of restorative justice in criminal justice administration.The comparative insights and best practice for reform implementation highlighted in this book will be useful for legal and criminal justice researchers, as well as legal practitioners and policymakers working on criminal justice reform in sub-Saharan Africa.

This book offers a comprehensive analysis of the specifics of project financing in Africa and suggests how to structure and operate those projects in an emerging continent. Infrastructure development in Africa is essential to meet the needs of the population and is a major lever for economic and social development. Financing solutions exist to offset the limited investment capacity of African sovereign States, particularly through involving the private sector and project financing. In view of the challenges and specific features of the African continent, this book looks at the ways in which project financing is used in the region. Describing the structuring of infrastructure projects from inception to development and financing and then construction, the book offers insights into African legal frameworks and drafting of financing contracts, and preparation of financial models. It also covers management of disputes and the principles of bankability. Offering a global yet harmonised view of applicable regulatory frameworks, the book is a practical and comprehensive guide to project finance and business law in Africa.This book will be of interest to practitioners, researchers and students in the field of finance law, business and banking law and law in Africa.

This book employs a qualitative approach to dissect contemporary legal debates surrounding sustainability, efficiency, and efficacy in government systems, with a particular focus on Zimbabwe’s constitutional democracy.An effective legal framework, characterised by robust laws that promote sustainability and enhance the efficiency of governmental systems, is, the book argues, essential for the success of a nation. Exploring sustainable development as a multifaceted initiative aimed at advancing economic and socio-political well-being, the book delves into the concept of good governance, defined by the accountable exercise of power, transparent government selection, and the efficient management of resources. Within Zimbabwe’s legal framework, where all laws, practices, and conduct are subject to constitutional validation, the book underscores the obligatory nature of constitutional duties for individuals, the State, and all executive, legislative, and judicial bodies. Positing that sustainable resource management, underpinned by equitable, and unbiased legislation, is essential for Zimbabwe’s long-term prosperity, the book demonstrates how effective legal frameworks can drive national success.The book will be of interest to researchers in the field of sustainability, environmental law, and governance.