africanlegalstudies.blog – Page 4 – Cutting edge analysis on key issues in African politics, law and development

Retracing Collectivity – and attempting to look beyond the horizon of European jurisprudence
Recently, I have commenced my research on climate change litigation in the area of European human rights. One of the first relevant topics of my investigation is the question of the legal nature of rights, which might make it possible to sue for climate protection in a human rights court. And this is how it…
More than a 16 days Dose: Rethinking models of addressing gender-based violence
Introduction Gender-based violence (GBV) is a global epidemic that continues to devastate lives, particularly those of women and children. Despite numerous campaigns, policy frameworks, and international initiatives, GBV remains a global problem affecting many people’s lives. The 16 Days of Activism Against Gender-Based Violence is an effort to amplify calls for action, raise awareness, and…
Money wives: An overlooked crisis of child slavery
Introduction ‘Stop! I am too young for this; I want to attend school and become a lawyer’. These were the heart-breaking words of Mabena, a 10-year-old girl from Cross River State, Nigeria, who was forced into a ‘money wife’ arrangement as collateral to settle a debt her family owed. Her future, dreams, agency and identity were…

Justice in the “critical minerals value chain” – moving in tandem for a just transition
Introduction Humanity is at a crossroads, confronted with the effects of climate change that no nation can solve on its own without working with others. It requires all countries to act jointly to reduce greenhouse gas emissions and the temperature rise to below 1.5°, and attain the global objectives of the Paris Agreement. To achieve…
From Dubai to Baku: Energy Justice at the COPs and the Question of Fossil Fuel Abandonment
The twenty-eighth Conference of the Parties (COP28), which took place in Dubai from 30 November to 13 December 2023, made a modest yet significant contribution to energy justice by expressing a nuanced position on phasing out global fossil fuel development and use. While the COP recognised that urgent measures were needed to respond to the…
Our development is inextricably linked to the past and next generation
1. Introduction Natural resources, including minerals, belong to our common heritage, entrusted to present and future generations to support their respective needs.[1] In this respect, mineral resources have the potential to enhance the right to development,[2] a fundamental human right enshrined in the African Charter on Human and Peoples’ Rights (African Charter) and in the…

Investment and Investor Protection in Somalia
Introduction With Somalia’s accession to the East African Community (EAC), the internal market of this community is also becoming increasingly attractive for foreign investments. A common market with over 300 million populations is developing, and there is not only a common internal market. It also has an excellent strategic location from the Indian Ocean to…
The East African Community: Past Experiences and Lessons for the Future
Introduction The East Africa Community (EAC) is one of the oldest regional economic blocs in the world.[1] Uganda, Kenya, and Tanzania, as members of EAC, had a customs union as early as 1927.[2] While this regional bloc collapsed in 1977, it was re-established in 2000 and grew from three to eight countries, including Uganda, Kenya,…
The Legal Analysis of Community Rights in Environment Decision-Making in the Federal Republic of Somalia
Introduction People often feel hopeless and powerless to protect the environment, themselves, their families and their individual rights. However, through the creative use of the law, a number of notable successes for the environment and people have been recorded in many countries.[1] Environmental decision-making in Somalia stands at the intersection of legal, social, and environmental considerations, with…