Official: Deals unfair to Africa
In Summary
Mr Karangizi said the imbalance resulted in the
emergence of many commercial disputes which were resolved outside the
continent and in so doing denied local African lawyers experience in
arbitration cases.
Mr Karangizi said during the inaugural ceremony of
the African Institute of International Law (AIIL) that many clauses of
the contracts were tilted towards the investors’ side.
At the ceremony held at the Arusha International
Conference Centre were high level legal personalities including the
president of the International Criminal Tribunal for Rwanda, Judge Vagn
Joensen.
Others were the president of the UN Mechanism for
International Criminal Tribunals, Judge Theodore Meron, the Registrar of
the African Court on human and People’s rights, Dr Robert Eno, and Ms
Virginia Morris, the secretary of the UN Advisory Committee on the
programme of teaching, study, dissemination, and wider appreciation of
international law.
Mr Karangizi said the imbalance resulted in the
emergence of many commercial disputes which were resolved outside the
continent and in so doing denied local African lawyers experience in
arbitration cases.
“The Comesa (Common Market for Eastern and
Southern Africa) though is furnished with a clause for addressing
arbitration cases, few states recourse to such regional courts,” he
said.
Officiating at the ceremony, the deputy minister
for Foreign Affairs and International Cooperation, Dr Mahadhi Juma
Maalim, said a deficit of capacity was undermining Africa’s ability to
sustain and maintain relative growth and peace the continent was
currently experiencing.
Judge Abdulquawi Yusuf, the founding president of
the AIIL and president of of the International Court of Justice (ICJ)
said Africa was excluded from the realm of the International Law,
prompting the continent to create the institute.
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