Analysis

The Analysis Section of Afronomicslaw.org publishes two types of content on issues of international economic law and public international law, and related subject matter, relating to Africa and the Global South. First, individual blog submissions which readers are encouraged to submit for consideration. Second, feature symposia, on discrete themes and book reviews that fall within the scope of the subject matter focus of Afronomicslaw.org. 

Economic and Environmental Trends affecting the participation of SADC countries in the International Market

This paper reflects on how current economic and environmental trends are impacting the trading capacity and overall economic performance of the Southern African Development Community (SADC) countries. To change the tide, the article argues that countries within the SADC region must invest in structured economic programs to meet the changing demands of the international market.

Southern African Development Community Economic Bloc and the implementation of the African Continental Free Trade Agreement: Challenges

This article argues that the Southern African Development Community (SADC) is not living up to its potentials. It identifies some of the challenges inhibiting the actualization of the SADC objectives and it proffers some solutions necessary to meet these challenges.

Looking at the Southern Africa Development Community Tribunal through the eye(s) of the WTO's Dispute Settlement Mechanism

This article provides interesting insights on the jurisdiction of the Southern African Development Community ("SADC") Tribunal. It also considers the impact of this jurisdiction on the settlement of disputes within the SADC region. The article also considers the extent to which the removal of private access from the Tribunal's jurisdiction affects the settlement of trade disputes within SADC; , and whether the Tribunal is reconcilable with the World Trade Organization ("WTO")'s dispute settlement mechanism, which is regarded as being one of the salient features of the international trading regime.

Regional Economic Community Synergy in Trade through Special-Purpose Vehicles

This article argues that African member states have failed to tap into the massive potentials provided by Regional Economic Communities (RECs) due to factors including, government interferance, lack of invesstment capital, expertise and corruption. The author recommends the establishment of Special Purpose Vehicles at the REC levels, to harness these potentials and scale up the production of natural resources in the continent.

Strengthening East African Community Economy through the Implementation of Division of Competences

This article makes a case for the strengthening of the East African Community (EAC) by member-states in order to harness the immense trade benefits created by the EAC Customs Protocol. The article also advocates for the design of a protocol on 'shared competence' among member-states, as this will be necessary to boost trade relations with third parties.

Implementation of the AfCFTA in Least Developed Countries (LCDs): Bold or Premature?

This blog considers the timing of AfCFTA and its implementation among Least Developing Countries (LDCs). It argues that the benefits of AfCFTA trade liberalisation may be uneven among LDCs on account of governance, technology and capacity challenges in LDCs. It concludes by proffering possible solutions to these challenges.

Hopes for an Anti-Monopoly Agenda in the AfCFTA Competition Protocol

While the economic importance of the African Continental Free Trade Area (AfCFTA) is now settled, this blog highlights the significance of having a bold competition protocol to ensure that the potentials of an open market system are actualized, by protecting the consumers and small scale suppliers.

The Africa Continental Free Trade Area and the SPS Agreement: Insights for Africa

This blog appraises the Sanitary and Phytosanitary (SPS) Agreement that provides measures to protect animal or plant life or health within member territories, from risks, within the African Continental Free Trade Area (AfCFTA) context. It considers the salient obligations and features on equivalence and harmonisation of SPS measures in the SPS Agreement.

Heralding Privacy concerns in AfCFTA’s proposed E-commerce Protocol

With the growth of e-commerce, a core human right concern pervading this “novel” form of trade is the right to privacy. This article makes a case for recognising privacy and its derivative, data protection in the AfCFTA’s E-Commerce Protocol and subsequent e-commerce-related agreements concluded by Africa’s Regional Economic Communities (RECs) and states members.

A Commentary on Titilayo Adebola's 'Mapping Africa's Complex Regimes: Towards an African Centred AfCFTA Intellectual Property Protocol'

What role does context play for African countries under the African Continental Free Trade Area's (AfCFTA) IP Protocol? This blog argues that the IP Protocol provides an opportunity to systematically and comprehensively incorporate IP-related issues into the AFCFTA development-oriented agenda.