Osuji, Onyeka K and Taiwo, Oluwafikunayo D (2021) Contextual Centrality of Institutional Arbitration Framework for AU Legal Order. In: The Emergent African Union Law Conceptualization, Delimitation, and Application. Oxford University Press (OUP), Oxford, pp. 130-153. ISBN 9780192606778. Official URL: https://doi.org/10.1093/oso/9780198862154.003.0008
Osuji, Onyeka K and Taiwo, Oluwafikunayo D (2021) Contextual Centrality of Institutional Arbitration Framework for AU Legal Order. In: The Emergent African Union Law Conceptualization, Delimitation, and Application. Oxford University Press (OUP), Oxford, pp. 130-153. ISBN 9780192606778. Official URL: https://doi.org/10.1093/oso/9780198862154.003.0008
Osuji, Onyeka K and Taiwo, Oluwafikunayo D (2021) Contextual Centrality of Institutional Arbitration Framework for AU Legal Order. In: The Emergent African Union Law Conceptualization, Delimitation, and Application. Oxford University Press (OUP), Oxford, pp. 130-153. ISBN 9780192606778. Official URL: https://doi.org/10.1093/oso/9780198862154.003.0008
Abstract
This chapter proposes an institutional framework for arbitration within the AU legal order to facilitate its Constitutive Act’s objectives of deepening regional integration and promoting intra-Africa trade and development and pursued via the African Continental Free Trade Agreement (AfCFTA), Pan-African Investment Code (PAIC), and other regional integration projects. The success of Africa’s regional integration initiatives will depend, to a large extent, on tackling costly and problematic transnational disputes and provision of effective arbitration and other alternative dispute resolution (ADR) mechanisms. The institutional framework developed in the chapter encompasses both investment and commercial arbitration, a departure from the exclusive focus on investment arbitration in existing initiatives. An African model of transborder arbitration is viable and more likely to gain widespread legitimacy and acceptability, and lead to robust and efficient resolution of horizontal and vertical disputes.
| Item Type: | Book Section |
|---|---|
| Additional Information: | This book is a groundbreaking study of the emergence of a unique African Union legal system, with contributions from a diverse collection of scholars and practitioners. It highlights how law stands at the heart of the successful regional integration effort in Africa and explores, among either issues, the extent to which African Union law is having an impact on domestic laws. This trend has been particularly noticeable in the area of human rights, the rule of law, democratic principles, and aspects of constitutional law. Furthermore, the book examines how the African Union is engendering new norms from its legal order, such as the non-indifference norm, the norm on unconstitutional change of government, free trade, free movement of people, economic regulation, and democratic constitutionalism. The book also analyses how the African Union legal order has led to the emergence of a continental-level judicial system. The quasi-judicial system put in place under the African Charter on Human and Peoples' Rights, and administered by the African Commission on Human and Peoples' Rights, is now complemented by the African Court on Human and Peoples' Rights. This book contends that the continental-level judicial system is playing a crucial role in the moulding of emergent norms. |
| Uncontrolled Keywords: | Law; Arbitration; Institution; Alternative Dispute Resolution; Economic integration; African continental trade agreements; Pan-African Investment Code |
| Divisions: | Faculty of Arts and Humanities Faculty of Arts and Humanities > Essex Law School |
| SWORD Depositor: | Unnamed user with email elements@essex.ac.uk |
| Depositing User: | Unnamed user with email elements@essex.ac.uk |
| Date Deposited: | 30 Jul 2024 15:39 |
| Last Modified: | 30 Jul 2024 15:39 |
| URI: | http://repository.essex.ac.uk/id/eprint/38625 |