Many will recall the historic ruling of Justice Neil Gorsuch in McGirt v. Oklahoma (2020), where the United States Supreme Court upheld an 1866 treaty between the United States and the Muscogee (Creek) Nation, which established the Muscogee Nation’s geographic borders. The Court decided that much of current Eastern Oklahoma is to remain Indian land…

Cases involving African parties contribute to a significant number of International Centre for the Settlement of Investment Disputes (ICSID) cases. Indeed, 15% of ICSID cases involve parties from sub-Saharan Africa and 18% of ICSID cases involve parties from Middle East and North Africa. The UNCTAD database of Investor State Dispute Settlement (ISDS) cases records 145…

As Phase II negotiations of the African Continental Free Trade Area (“AfCFTA”) have been delayed due to the COVID-19 pandemic, a draft legal text of the AfCFTA Investment Protocol (“Protocol”) has not been submitted to the January 2021 Session of the Assembly, as originally expected.  There are reasons to believe that with the recent start…