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Accepted Paper:

Decolonizing the Normative and Institutionalized Structures of Neo-Colonialism in African Economic Law: A Legal Analysis of the Development Possibilities  
Thoko Kaime (Chair of African Legal Studies) Collins C. Ajibo (Institute of African Legal Studies, Bayreuth)

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Paper short abstract:

Africa is entangled in the crossroad of neo-colonial structures that detrimentally shape its economic destiny. While AfCFTA represents an opportunity for Africa, it could also be a convert instrument for the promotion of the interests of the neo-colonialists. This paper seeks to decolonize Africa.

Paper long abstract:

Africa is entangled in intractable crossroad of formidable neo-colonial structures from the traditional imperialists and emerging industrialized powers which impede its capacity to foster development. While some factors that constrain African development might have emanated from home-grown ontologies (e.g. corruption), the preponderance of African development challenges is deeply intertwined with the influences of neo-colonialism and global powers angling for resources. These influences detrimentally formulate, shape and reshape African economic destiny. The opportunity to reclaim African economic future is reflected in the ongoing efforts to craft African Continental Free Trade Area Agreement (AfCFTA). AfCFTA aims to use economic law (trade, investment and intellectual property) to achieve African development. Nevertheless, there are fears that AfCFTA could be a convert instrument for the promotion of important trade and investment interests of neo-colonial powers, since Africa countries mostly trade commodity goods and constitute capital importing countries. Against this backdrop, this paper seeks to decolonize Africa by jettisoning retrogressive influences, principles, norms and rules while retaining development-friendly ones. Arguably, the reclamation of African economic future is rooted in, ((1) the willingness of its political elites to yield to paradigm shift, (2) the deftness and dexterity of Africa in extricating itself from the stranglehold of neo-colonial structures, (3) sustaining peaceful dialogue across all frontiers, and (4) the acknowledgement and willingness to treat Africa as equal partners in opportunities for development.

Panel Law02
African futures and the economic law: inherited codes, economic sovereignty, and transformative legal initiatives
  Session 1 Wednesday 31 May, 2023, -