African countries have continued to witness a surge in international commercial transactions with other parts of the world. Although China has taken the center stage in Africa, the expansion of international dealings compels reflections on how to promote international trade. One such method is the use of treaties. In many African countries, treaties often do not have the intended maximum effect. This is an impediment to deriving benefits even when treaties are signed, because the treaty making processes of such countries do not support a clear approach that can facilitate treaty effectiveness. In considering some treaties that have commercial implications, this Article examines the impact of legal history and how this has shaped the current trajectory in Africa. Empirical research has also informed the overarching analysis. The institutional frameworks of South Africa and Nigeria are examined through trade, judgments, and the law of evidence. Key themes are examined through the United Nations Commission on International Trade Law, the Hague Conference on Private International Law and (sub)regional organizations: the South African Development Community, the Economic Community of West African States, and the African Union. The Article makes a case for a “front-loaded functionality” approach.
Ensuring The Effectiveness of Treaties in Africa – Case Studies of South Africa And Nigeria
21 Oct 2025