Wednesday, August 12, 2020

China, Nigeria, Debt, and Sovereignty

 The Diplomat published on 12 August 2020 an analysis titled "Did Nigeria Really Cede Its Sovereignty to China in a Loan Agreement" by Laure Deron, University of Paris.

The author, a lawyer by training, analyses a clause in a loan agreement between China and Nigeria in which Nigeria "irrevocably waives any immunity on the grounds of sovereign or otherwise for itself and its property in connection with any arbitration proceeding pursuant" to any arbitral award.  Clauses like this are standard in Chinese loan contracts.  

After considerable legal argument, the author concludes that "it cannot be inferred from the above terms of the contract alone that Nigeria has renounced its sovereignty in favor of China."