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. 

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.

Readiness for the AfCFTA by Member States' Domestic Tax Policies

The AfCFTA aims to accelerate economic growth for member states. A critical aspect of this is collecting revenue spurred by income tax and value-added tax, supported by improved investment and consumerism. The AfCFTA seeks to eliminate tariffs between member states, which will deplete this source of revenue for member states, most of which are highly dependent on this form of revenue. To curtail the impact of this loss of income, member states need to have the capacity to effectively administer domestic tax policies to take advantage of this anticipated revenue from income tax and value-added tax. Member states' readiness in this area is of concern and must be addressed by providing adequate support to domestic institutions with expertise and knowledge.

Is Morality the Unwritten Law that Could Champion Tax Justice for Africa?

This commentary responds to Fernando C. Saldivar's article 'Africa in the Economy of Francesco'. This commentary focuses on the author's main argument, which grows from the view that the tax justice movement needs to involve Catholic Social Teaching as an intellectual and moral ally in the fight for systemic reform in the global financial order. The article's main claim is critiqued on two fronts. Firstly, this commentary questions whether a moral backbone, particularly the Catholic moral niche, is sufficient to prevent tax evasion and tax avoidance by MNCs. And secondly, it is argued that the article could have advanced a deeper analysis if it had explored the nature of tax law from both the perspective of its 'spirit' aspect and its more technical aspects.

A Review of the Role of Women Leadership in Facilitating Regional Integration in Africa: The Way Forward

An efficient and effective regional integration in Africa is impossible without the inclusion of women.” Since time immemorial, African women have engaged in trade and are agents of development in formal and informal sectors. Women constitute half of the world’s population, with more than 70 percent of cross-border trade being conducted by women. These women are not a homogenous group and have different experiences. Therefore, it is essential that women, as the subject of policy, spearhead regional integration in Africa. This paper asserts that one of the reasons for the stagnated pace of regional integration in Africa is due to the failure to include women in the regional integration process.