Please use this identifier to cite or link to this item: http://hdl.handle.net/1893/34473
Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Former British Colonies: The Constructive Role of African Courts in the Development of Private International Law
Author(s): Okoli, Pontian
Date Deposited: 28-Jun-2022
Citation: Okoli P (2022) Former British Colonies: The Constructive Role of African Courts in the Development of Private International Law. University of Bologna Law Review.
Abstract: Significant strides have been made in efforts to facilitate the resolution of international disputes in Africa. However, cross-border issues that concern private litigants have remained challenging. One major reason is the legal history of relevant countries which often makes it difficult to contextualize legal principles inherited before independence. It is sometimes unclear how African courts determine the current law and how their discretionary powers should be used. This article examines the connections between legal traditions and the legal methods that are required to ensure that there is a sustainable development of private international law in Africa. In this regard, a core enquiry is set on a tripartite structure: law in context, fidelity to context and functionalist approaches are essential elements that should drive the resolution of disputes in private international law matters. A dominant theme is how areas such as foreign judgments need to be examined through appropriate interpretational mechanisms.
Rights: This item has been embargoed for a period. During the embargo please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author. You can only request a copy if you wish to use this work for your own research or private study.
Notes: Output Status: Forthcoming

Files in This Item:
File Description SizeFormat 
The Constructive Role of African Courts - Developing Conflict of Laws.pdfFulltext - Accepted Version630.65 kBAdobe PDFUnder Embargo until 2024-04-12    Request a copy

Note: If any of the files in this item are currently embargoed, you can request a copy directly from the author by clicking the padlock icon above. However, this facility is dependent on the depositor still being contactable at their original email address.



This item is protected by original copyright



Items in the Repository are protected by copyright, with all rights reserved, unless otherwise indicated.

The metadata of the records in the Repository are available under the CC0 public domain dedication: No Rights Reserved https://creativecommons.org/publicdomain/zero/1.0/

If you believe that any material held in STORRE infringes copyright, please contact library@stir.ac.uk providing details and we will remove the Work from public display in STORRE and investigate your claim.