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See detailSowing the Seeds of a Future African Union Private International Law: A Review of Private International Law in Commonwealth Africa
Okoli, Chukwuma UL

in Journal of Private International Law (2014), 10(3), 17

This work reviews the monograph titled Private International Law in Commonwealth Africa. The reviewer considers the work to be very significant. The work builds on the previous works of the author (of the ... [more ▼]

This work reviews the monograph titled Private International Law in Commonwealth Africa. The reviewer considers the work to be very significant. The work builds on the previous works of the author (of the monograph) principally aimed at the development of private international law (PIL) in Africa. The reviewer situates the work in a larger context by interpreting the work and previous works of the author (of the monograph) as seeds for the development of a future African Union (AU) PIL. In this regard, the reviewer is able to select four major themes that justify the significance of the work in relation to a future AU PIL. These themes concern limitations on previous works on African PIL, the significance of PIL to AU economic integration, the impact of human rights and constitutional law on PIL in Africa, and a plea for cooperation as it relates to a future AU PIL. However, the reviewer exposes the scepticism as to a future AU PIL, and concludes that despite this scepticism, the work is significant enough to sow the seeds of a possible AU PIL. [less ▲]

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See detailThe Significance of the Doctrine of Accessory Allocation As a Connecting Factor Under Article 4 of the Rome I Regulation
Okoli, Chukwuma UL

in Journal of Private International Law (2013), 9(3), 49

The doctrine of accessory allocation is given special significance as a connecting factor by the framers of Rome I Regulation (through Recitals 20 and 21) in utilising the escape clause and principle of ... [more ▼]

The doctrine of accessory allocation is given special significance as a connecting factor by the framers of Rome I Regulation (through Recitals 20 and 21) in utilising the escape clause and principle of closest connection under Article 4. This article analyses the application of the doctrine under the Rome Convention; the possible reasons why the framers of Rome I gave the doctrine special significance; the nature of inquiry a Member State court would be faced with in applying the doctrine especially in very closely related contracts such as back-to-back contracts; and the dilemma faced by the court in determining the quantum of weight to attach to the application of the doctrine as it relates to displacing the main rule(s). The author concludes by stating that there is need for more clarity on the significance of the doctrine of accessory allocation as a connecting factor under Article 4 of Rome I. [less ▲]

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See detailThe Operation of the Escape Clauses in the Rome Convention, Rome I Regulation and Rome II Regulation
Okoli, Chukwuma UL; Arishe, Gabriel Omoshemime

in Journal of Private International Law (2012), 8(3), 33

This article critically discusses the various approaches to the operation of the escape clauses in the Rome Convention, Rome I Regulation and Rome II Regulation. A proposal is made for the deletion of the ... [more ▼]

This article critically discusses the various approaches to the operation of the escape clauses in the Rome Convention, Rome I Regulation and Rome II Regulation. A proposal is made for the deletion of the doctrine of implied choice of law in view of different conflicting decisions in English courts concerning its relationship with the escape clause under the Rome Convention. Recent English judicial decisions are utilised in distinguishing the threshold of displacement under the Rome Convention and Rome I Regulation. Recent judicial decisions from England and Ireland are utilised. Proposals are made as to how a pre-existing relationship should be utilised in applying the escape clause under the Rome II Regulation. [less ▲]

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