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International Commercial Arbitration and African States: Practice, Participation and Institutional Development PDF

626 Pages·2001·2.24 MB·English
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This page intentionally left blank International Commercial Arbitration and African States Practice, Participation and Institutional Development International Commercial Arbitration and African Statesis a timely assess- ment of the arbitral process in the African context. The book focuses on the contribution that arbitration, and other methods of alternative dispute resolution, may make to the development of African states and peoples, while satisfying the legitimate expectations of inward investors and traders. Although focusing on dispute resolution regimes affecting or concerning African states and their nationals, the work will also have practical, policy and comparative implications for dispute resolution, commercial arbitration and foreign investment in other regions. Amazu A. Asouzu is Lecturer in Law at the School of Law, King’s College London, University of London. He has served as an arbitrator and is a consultant to governments, private parties and international organisations. He studied in Nigeria and in the United Kingdom, and is qualified as a legal practitioner in Nigeria. cambridge studies in international and comparative law This series (established in 1946 by Professors Gutteridge, Hersch Lauterpacht and McNair) is a forum for studies of high quality in the fields of public and private international law and comparative law. Although these are distinct legal sub-disci- plines, developments since 1946 confirm their interrelation. Comparative law is increasingly used as a tool in the making of law at national, regional and interna- tional levels. Private international law is now often affected by international con- ventions, and the issues faced by classical conflicts rules are frequently dealt with by substantive harmonisation of law under international auspices. Mixed interna- tional arbitrations, especially those involving state economic activity, raise mixed questions of public and private international law, while in many fields (such as the protection of human rights and democratic standards, investment guarantees and international criminal law) international and national systems interact. National constitutional arrangements relating to ‘foreign affairs’, and to the implementation of international norms, are a focus of attention. Professor Sir Robert Jennings edited the series from 1981. Following his retire- ment as General Editor, an editorial board has been created and Cambridge University Press has recommitted itself to the series, affirming its broad scope. The Board welcomes works of a theoretical or interdisciplinary character, and those focusing on new approaches to international or comparative law or conflicts of law. Studies of particular institutions or problems are equally welcome, as are translations of the best work published in other languages. General Editors Professor James R. Crawford SC FBA Whewell Professor of International Law, Faculty of Law and Director, Lauterpacht Research Centre for International Law, University of Cambridge, Member of the International Law Commission Professor John S. Bell FBA Professor of Law, Faculty of Law, University of Cambridge Editorial Board Professor Hilary Charlesworth University of Adelaide Professor Lori Damrosch Columbia University Law School Professor John Dugard Universiteit Leiden Professor Mary-Ann Glendon Harvard Law School Professor Christopher Greenwood London School of Economics Professor David Johnston University of Edinburgh Professor Hein Kötz Max-Planck-Institute, Hamburg Professor Donald McRae University of Ottawa Professor Onuma Yasuaki University of Tokyo Professor Reinhard Zimmermann Universität Regensburg Advisory Committee Professor Sir D. W. Bowett QC Judge Rosalyn Higgins QC Professor Sir Robert Jennings QC Professor J. A. Jolowicz QC Professor Sir Eli Lauterpacht QC Professor Kurt Lipstein QC Judge Stephen Schwebel A list of books in the series can be found at the end of this volume. International Commercial Arbitration and African States Practice, Participation and Institutional Development Amazu A. Asouzu           The Pitt Building, Trumpington Street, Cambridge, United Kingdom    The Edinburgh Building, Cambridge CB2 2RU, UK 40 West 20th Street, New York, NY 10011-4211, USA 477 Williamstown Road, Port Melbourne, VIC 3207, Australia Ruiz de Alarcón 13, 28014 Madrid, Spain Dock House, The Waterfront, Cape Town 8001, South Africa http://www.cambridge.org ©Amazu A. Asouzu 2004 First published in printed format 2001 ISBN 0-511-03634-5 eBook (Adobe Reader) ISBN 0-521-64132-2 hardback Dedicated to my late parents, Sir Charles Ijoma Asouzu andLady Juliana Anezi Asouzu

Description:
Dr. Asouzu critically examines the arbitral and alternative dispute resolution (ADR) processes in the African context, processes that are often seen as potential facilitators of commercial activities, socio-economic development and prosperity in Africa. Asouzu discusses the OHADA Uniform Arbitration
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