Chapter 3 revisits the Cold War Scramble for Africa. Throughout the continent, the ‘concession model of extraction’ – the renting out of land to foreign corporations in exchange for royalties – was based on the early emergence of mining giants in South Africa. The concession model was not dismantled following independence. Gatekeeping politics were consolidated through the alternate paths taken by London and Paris. France incorporated its former colonies within a ‘post-colonial block’. Britain reconverted as a dual middle power – with London as jurisdictional apex and the City as financial powerhouse. The Cold War sidelining of The Hague justice institutions enabled the deployment of the US Cultural Cold War, based on the formidable sway of the alliance of Wall Street resources – finance, arbitration and corporate law firms – which contributed to the insulation of foreign corporate rights in property in resource-rich African states from national and international oversight.

Chapter 4 examines the ongoing rush for Africa, epitomised by the global competition for the critical minerals of the ‘energy transition’. It argues that the ongoing Scramble is embedded in previous imperial imprints. The 1980s debt crisis positioned international financial institutions as the vehicles of the neoliberal turn on the continent. But this did not displace gatekeeping politics. Rather, the concurrent onshoring of offshore capitalism fostered the power of global traders like Glencore as the prime interface between resource-rich African states and global markets and as the core engineers of the transformation of the geography of extraction, based on technological and infrastructural innovations and financial deregulation. The onshoring of swashbuckler capitalism is deeply connected to a codification of capital (Pistor 2019) based on Common Law and the law of New York which is enabled by the globalisation of the Wall Street model of the corporate law firm.

Chapter 7 tracks the transformation of the position of Paris induced by the neoliberal turn. The marketplace of intermediaries between resource-rich African states and French businesses has long been derided as an outgrowth of the Françafrique, the interpersonal shadow networks linking France to its African pré carré. The neoliberal turn fostered the prominence of corporate lawyers as key intermediaries between the state and the market. It was also deployed within the system of the Françafrique. Due to the historical distancing of the Paris bar from business, French corporate law pioneers contributed to the expansion of a French corporate bar under the double thrust of the European Common Market and the model of the Wall Street corporate law firm. It is also as intermediaries of US multinational corporate law firms that they entered the former French pré carré in Africa qua a legal market.

Chapter 8 examines how social hierarchies are reproduced through the operations of justice. It argues that justice institutions, whether national or supranational, are systematically characterised by restricted professional markets of repeat players (Galanter 1974) who act as gatekeepers of the relationship with justice users (individuals, corporations or states). The globalisation and financialisation of global value chains is reinforcing rather than weakening the post-Cold War competition between legal ordering claims. The contrasted development of justice institutions (from the US Supreme Court; asylum justice; interstate adjudication; investment arbitration to international criminal justice) demonstrates that it is fostering the global diffusion of the Wall Street model of the corporate law firm as an engine of legal globalisation and for the reproduction of legal and social hierarchies. This positions justice institutions as practical and symbolic boundary-making sites between capitalism’s so-called cores and its peripheries.

The Conclusion revisits the takeaway messages of the book’s research strategy and empirical inquiry. Lawyering Imperial Encounters tells the story of the relentless hangover of the past in the present. Law remains the vernacular of Africa’s uneven and unequal relationship with the world economy precisely because it is imprinted by the past Scrambles into the continent. Foremost, law’s position as the cutting edge of Africa’s relationship with capitalism reflects legal imperialism as a core variable in the deployment of power. This is illustrated by the conversion of Hong Kong as a gateway for the expansion of Chinese business interests abroad, which builds, itself, on the globalisation of the Wall Street model of the corporate law firm.