Assessing Collaboration for Digital Knowledge Governance Under the AFCFTA in the ARIPO Region

Assessing Collaboration for Digital Knowledge Governance Under the AFCFTA in the ARIPO Region

Authors: D Kawooya, DO Oriakhogba, A Kakooza and CI Okorie

ISSN: 2521-2605
Affiliations: PhD (University of Tennessee), MLIS (Valdosta State University), BLIS (Makerere University), Associate Professor, University of South Carolina, USA; PhD (UCT), LLM, LLB (UNIBEN), Associate Professor, University of the Western Cape, South Africa; JSD (Illinois), LLM (Warwick), LLB (Makerere University), Lecturer and Ag. Head, Department of Commercial Law, Makerere University, Visiting Professor, University of Illinois; PhD (UCT), LLM (Strathclyde), LLB (UNIZIK), Associate Professor, University of Pretoria, South Africa
Source: Journal of Comparative Law in Africa, Volume 13 Issue 1, p. 122-159
https://doi.org/10.47348/JCLA/v13/i1a5

Abstract

The Intellectual Property (IP) Rights, Competition and Digital Trade Protocols to the Agreement Establishing the African Continental Free Trade Area (AfCFTA) each recognise the importance of collaboration for achieving sustainable development, especially in the area of education, as articulated in the African Union Agenda 2063. Previous studies have demonstrated the legal barriers that lopsided knowledge governance regimes pose to achieving this goal, including within the African Regional Intellectual Property Organisation (ARIPO) region. However, there remains a significant gap in empirical research assessing the actual state of collaboration among key stakeholders such as national IP offices, collective management organisations (CMOs), and libraries, archives and museums (LAMs) in the ARIPO region for implementation of the IP, Competition and Digital Trade Protocols towards promoting knowledge access for quality and inclusive education in the digital environment within the AfCFTA. To address this gap, this article adopts a qualitative methodology through desk research and stakeholder interviews to examine the extent to which national IP offices in the ARIPO region have, and could fruitfully collaborate with CMOs and LAMs for the implementation of the IP, Competition and Digital Trade Protocols to shape knowledge governance regimes that foster information access for quality and inclusive education in the digital environment in ARIPO region. Drawing from stakeholders’ responses, the article identifies and discusses challenges to such collaboration while proffering actionable recommendations to address the challenges.

AI in Alternative Dispute Resolution: Comparative Insights and Emerging Trends

AI in Alternative Dispute Resolution: Comparative Insights and Emerging Trends

Authors: Juanita Easthorpe and Darren Subramanien

ISSN: 2521-2605
Affiliations: Senior Lecturer, School of Law, University of KwaZulu, South Africa; Associate Professor, School of Law, University of KwaZulu Natal, South Africa
Source: Journal of Comparative Law in Africa, Volume 13 Issue 1, p. 160–204
https://doi.org/10.47348/JCLA/v13/i1a6

Abstract

This article examines the integration of artificial intelligence (AI) into Alternative/Appropriate Dispute Resolution (ADR) processes generally within South Africa and comparative jurisdictions. While ADR has long promoted reconciliation and access to justice, AI introduces new possibilities for enhancing efficiency and reducing costs. The discussion considers applications such as predictive analytics, document review, and online mediation platforms, showing how these tools can support — but not replace — the essential human role of mediators and arbitrators. Comparative insights from India, Australia, and Tanzania highlight both opportunities and risks, including bias, over-standardisation, and threats to confidentiality. The article argues that AI should be regulated and adopted in ways that align with constitutional commitments to fairness and inclusivity, while drawing on regional frameworks such as the African Continental Free Trade Area. It concludes that AI, properly managed, can complement ADR and advance its foundational goal of expanding access to justice.

Administration of Justice

Administration of Justice

Authors Jason Brickhill, Hugh Corder, Dennis Davis, Gilbert Marcus

ISBN: 978 148515 163 0
Affiliations: LLB (UCT) MSt (Oxon) DPhil (Oxon); Adjunct Associate Professor, Department of Public Law, University of Cape Town; Member of the Johannesburg Bar; Tutor, Law Faculty, University of Oxford; Academic Affiliate, Bonavero Institute of Human Rights, University of Oxford; BCom LLB (UCT) LLB (Cantab) DPhil (Oxon); Professor Emeritus of Public Law and Senior Research Scholar, University of Cape Town; BCom LLB (UCT) MPhil (Cantab) LLD (hc) (UCT); Judge President of the Competition Appeal Court; Honorary Professor, Faculty of Law, University of Cape Town; BA LLB (Wits) LLM (Cantab); Senior Counsel; Member of the Johannesburg Bar; Honorary Professor of Law, University of the Witwatersrand
Source: Yearbook of South African Law, Volume 6, p. 1 – 42

Administrative Law

Administrative Law

Author Helena van Coller

ISBN: 978 148515 163 0
Affiliations: LLB LLM (UFS) LLM (Utrecht) LLD (UJ) PGDHE (Rhodes); Professor, Faculty of Law, Rhodes University
Source: Yearbook of South African Law, Volume 6, p. 43 – 76

Banking and Finance Law

Banking and Finance Law

Author Michel M Koekemoer

ISBN: 978 148515 163 0
Affiliations: BCom (PU for CHE) LLB (PU for CHE) LLM (UP) LLD (UP); Associate Professor, Department of Mercantile and Labour Law, University of the Western Cape; Attorney of the High Court of South Africa
Source: Yearbook of South African Law, Volume 6, p. 77 – 122