Author: Etienne Marque

Following several years of research and teaching, punctuated by the publication of numerous peer-reviewed articles on business law in Africa, I found it timely to bring these writings together in one place.

Inspired by the ancient phrase of Pliny the Elder — Ex Africa semper aliquid novi (“from Africa, always something new”) — Lex Africa Semper reflects the same spirit. The law across the continent is constantly evolving, shaped by global challenges while grappling with the unique complexities of its diverse legal traditions and historical legacies.

What may appear at first glance as a collection of eclectic topics in fact reveals deeper intricacies and intersecting perspectives.

My journey through this work has led me to explore a range of professional, geographical, and intellectual horizons — each reflecting the complexity and dynamism of a continent at a crossroads in its development.

Some of the texts presented here were co-authored, and in this compilation I also wish to acknowledge the valuable collaborations and encounters that have shaped my path. These are rooted in a deep passion for Africa, and it is my hope that this site will continue to share and extend that commitment with others.

Natural resources have always been a focal point of geopolitical interests in Africa. From the colonial era to the present day, the continent’s vast natural wealth has attracted external powers and shaped both international relations and local economies. Today, as Africa is increasingly seen as the next frontier for the exploitation of hydrocarbons, this wealth brings with it unprecedented challenges, particularly in the context of the Anthropocene—a time defined by significant human impact on the planet.

These challenges are further compounded when it comes to offshore resources, often located in areas where maritime borders remain ambiguous or undisputed continental shelf zones have yet to be clearly defined. As the search for oil and gas intensifies, issues surrounding access, extraction, and sharing of these resources become more pressing. The legal, political, and environmental ramifications of this race for resources are more complex than ever, with competing interests from national governments, international corporations, and local communities.

The exploitation of these offshore reserves raises critical questions about sovereignty, environmental protection, and the fair distribution of benefits. How can African countries ensure that the wealth derived from these resources is used sustainably and equitably? How can they navigate the delicate balance between attracting foreign investment and protecting the interests of local populations and ecosystems?

As Africa moves forward in its engagement with the global market, these questions will become increasingly urgent. The resolution of these legal and geopolitical challenges will require innovative legal frameworks and international cooperation, ensuring that Africa’s natural resources contribute to long-term prosperity and sustainable development for its people.

My contributions on this topic:

➢ “Quelle place pour la rule of capture dans l’exploitation des gisements offshore africains ?”, R.G.D.I.P., 2021, n°4, pp.745-767

For a long time, the legal phenomenon in Africa has been intertwined with a process of dispossession, both material and symbolic, of African societies. This history of dispossession has deep roots, shaping the continent’s legal frameworks and its interactions with external forces. However, today, we are witnessing the gradual—albeit often disorganized—emergence of human rights protection mechanisms, signaling a shift in how legal systems engage with local and indigenous populations.

These emerging mechanisms, though still imperfect, represent a significant step towards a more inclusive approach. They aim to integrate the voices of communities that have historically been marginalized, ensuring their participation in projects that directly affect them. This marks the beginning of a cautious yet meaningful reappropriation of law as a tool for empowerment and social change.

Despite challenges, the growing recognition of human rights in Africa is fostering a new legal consciousness. As the continent continues to develop, these mechanisms will undoubtedly evolve and play a crucial role in fostering sustainable and equitable development, with an emphasis on ensuring that the rights and needs of local populations are at the forefront of decision-making processes. In this way, law is becoming an instrument not only for regulation but for justice, and potentially, for emancipation.

My contributions on this topic:

➢ “The Social License to Operate in the OHADA Zone : The Necessity of Giving More Substance to an Emerging and Fragmented Concept in a COVID-19 Pandemic World”, in The Palgrave Handbook of Social License to Operate and Energy Transitions, Palgrave, 2023, pp.1-46, with John P. Belinga

Belinga and Marque, The “Social License to Operate” in the OHADA Zone : The Necessity of Giving More Substance to an Emerging and Fragmented Concept in a COVID-19 Pandemic World”, in The Palgrave Handbook of Social License to Operate and Energy Transitions, Palgrave, 2023, pp.1-46

➢ “The Social Licence to Operate in the OHADA Space”, in the 2019 OGEL Special Issue on Social Licence to Operate (SLO) in the Extractive and Energy Sectors, with John P. Belinga  

Alternative dispute resolution mechanisms, and particularly arbitration, have seen a growing interest across Africa. This development is situated within a historical context where African states were often sidelined in the global legal landscape. For years, their normative and judicial powers were considered insufficient to meet the demands of international commerce, compounded by perceptions of widespread corruption.

However, the landscape is shifting. As efforts to combat corruption intensify across the continent, arbitration—especially in the context of investment disputes—is undergoing a profound transformation. This shift reflects Africa’s growing engagement with and appropriation of international dispute resolution mechanisms.

Indeed, arbitration has become a cornerstone for the resolution of cross-border business conflicts, offering a neutral and efficient platform for resolving disputes between foreign investors and African states. In this sense, Africa is not just a recipient of external arbitration models but is actively shaping and adapting these practices to its own legal and economic contexts.

This ongoing evolution signals a broader shift in Africa’s legal landscape, one where the continent is progressively asserting its voice in the global arbitration community, with an eye toward both enhancing its own legal frameworks and attracting more international investment.

My contributions on this topic:

➢ “Dans l’affaire Global Voice, les juges baissent-il la voix face aux allégations de corruption ?  Commentaire de l’arrêt de la Cour de cassation du 19 juin 2024 dans l’affaire Global Voice Group c. République de Guinée”, B-Arbitra, Belgian Review of Arbitration, 2025, n°1, pp.138-161

➢ “Malgré les feux de la critique, la Cour de cassation confirme sa position sur l’accueil des allégations de corruption soulevées pour la première fois devant les juges de l’annulation… et il faut s’en réjouir ! – Commentaire de l’arrêt de la Cour de cassation du 7 septembre 2022 dans l’affaire Libye c. Sorelec”, B-Arbitra, Belgian Review of Arbitration, 2023, n°1, pp.108-124

➢ “Quand les juges de l’annulation prennent le relai des arbitres dans la lutte contre la corruption – Commentaire de l’arrêt de la Cour d’appel de Paris du 17 novembre 2020 dans l’affaire Libye c. Sorelec”, B-Arbitra, Belgian Review of Arbitration, 2021, n°1, pp.177-188, with Maude Lebois

➢ “Retour sur l’exequatur des sentences CIRDI”, Un demi-siècle africain d’arbitrage d’investissement CIRDI – Regards rétrospectifs et prospectifs, LGDJ/EJA, 2019, pp.325-333, with Khaled Houda

As the legal discipline tasked with managing cross-border relationships and legal pluralism, private international law should hold a distinctive place on the African continent—where legal systems, traditions, and normative orders coexist, overlap, and interact in complex ways.

Despite its potential, the field has only recently begun to garner sustained attention at both the continental and regional levels. The legal instruments and methodologies of private international law remain underexplored in many African contexts, even as the continent deepens its participation in global trade, investment, and migration flows.

Yet the stakes are high. These mechanisms will be instrumental in building legal certainty, in structuring international exchanges, and in reinforcing the legitimacy and visibility of African legal systems on the world stage. More broadly, private international law offers an opportunity to rethink legal connectivity in Africa in a way that is both inclusive of its plural traditions and attuned to the realities of globalization.

My contributions on this topic:

To be published: “A River Always Returns to Its Bed Reclaiming Ubuntu for a Genuine Africanization of Private International Law », proceedings of the conference  Developments in African Private International Law with a particular focus on the work of the HCCH and OHADA held at the University of Johannesburg, 30 september – 2 october 2024

➢ “L’OHADA en quête de règles uniformes de droit international privé: état des lieux et perspectives”, Les cahiers de droit, june 2023, volume 64, number 2, pp.333-358

Following several years of research and teaching, punctuated by the publication of numerous peer-reviewed articles on business law in Africa, I found it timely to bring these writings together in one place.

Inspired by the ancient phrase of Pliny the Elder — Ex Africa semper aliquid novi (“from Africa, always something new”) — Lex Africa Semper reflects the same spirit. The law across the continent is constantly evolving, shaped by global challenges while grappling with the unique complexities of its diverse legal traditions and historical legacies.

What may appear at first glance as a collection of eclectic topics in fact reveals deeper intricacies and intersecting perspectives.

My journey through this work has led me to explore a range of professional, geographical, and intellectual horizons — each reflecting the complexity and dynamism of a continent at a crossroads in its development.

Some of the texts presented here were co-authored, and in this compilation I also wish to acknowledge the valuable collaborations and encounters that have shaped my path. These are rooted in a deep passion for Africa, and it is my hope that this site will continue to share and extend that commitment with others.