This post-lecture reflection captures critical discussions from the 6th guest lecture of the Academic Forum delivered by Professor Mohsen al Attar, Dean of the University of West Indies Law School. The theme of the guest lecture was 'Decolonisation of International Economic Law'. Focusing on five tenets - capitalism, epistemology/knowledge, colonialism, international law and political economy – which Professor Mohsen used as a frame to foreground his analysis, this piece, explores the prospects and challenges of decolonising International Economic Law. In keeping with the Academic Forum's focus, it is argued that uncritical/Eurocentric approaches to teaching IEL in African universities hamper efforts to decolonise our epistemologies. In exploring alternate ways to re-frame, the global economic order, this piece also highlights the idea of 'social justice' as a valuable metric of development, i.e. socio-economic equity that raises the standard of living to the greatest extent relative to each of our circumstances.

January 26, 2021

 

The disclosures on Kenya's sovereign debt indebtedness so far indicate that there could very well be examples of hidden debt - particularly sovereign debt that may not be publicly or dully disclosed particularly to Parliament.  This together with Kenya's increasing indebtedness means that Kenya's Parliament and civil society groups like the African Sovereign Debt Justice Network and OKOA Uchumi must carefully scrutinize as well as the 2021 National Debt Management Strategy Paper and all the accompanying disclosures. Kenya's Parliamentary Budget Office has recently noted that increased interest payments on debt have reduced spending on development and recommended rescheduling of domestic debt.

To grasp an idea of the impacts of the RCEP for international economic law governance, this blog post looks at why the RCEP has been pursued, how it contrasts with the CPTPP, how it reshapes existing and future trade relations and lastly if and how it relates to the African Continental Free Trade Area (AfCFTA).

For years UNCTAD has argued that hyperglobalisation, and the free trade agreements that promote it, has created unsustainable levels of instability, inequality, insecurity and ecological harm and called for a new paradigm of trade rules that is participatory and development-friendly, recognises the role of regulation and local political oversight, and can promote a level playing field and prosperity for all. The final RCEP argument is a symptom of that malaise - a step back from the excesses of the TPPA, but is a long way from a new paradigm. 

The RCEP can be seen as a crucial step within the longer process of integrating the Asia-Pacific region and of its increased geopolitical centrality. This process started with the idea of the “Asia-Pacific” and then, with the establishment of ASEAN in 1967, and later ASEAN+3 in 1997 that improved dramatically the relationship between nations in Southeast Asia and in the Asia-Pacific, allowing to avoid major conflicts. However, there remains a deficit of trust among Asia-Pacific members—complicated by China’s rise and a lack of an Asian identity—necessary to respect commitments on trade, investments, and intellectual property. While we are witnessing a pivot to the Asia-Pacific region, the Atlantic bloc and “the West” more broadly are far from disappearing.

The study examines the role of the judiciary in constitution making in postcolonial contexts. The judicial implementation of the constitutionalised gender quota (two-thirds gender principle) in Kenya’s 2010 Constitution is used as a case study. There are two interlocking themes that run throughout the study. The first is the story of the two-thirds gender principle as a tool to transform gender relations both in the public and private sphere – how did it end up in Kenya’s constitution framework? What purpose was it meant to achieve? What has been its implementation journey? The second is Rule of Law and constitutionalism in postcolonial states – there have been a proliferation of studies on decolonised perspectives of constitutionalism in the Global South. The study explores a gendered constitutionalism tin both stories through an empirical study involving judges, public interest litigators, constitution review experts and civil society stakeholders.

On November 15, 2020, 15 nations signed the Regional Comprehensive Economic Partnership (RCEP) trade agreement. The signatories comprise the ten members of the Association of Southeast Asian Nations (Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, Vietnam) as well as Australia, China, Japan, New Zealand and South Korea.This post will highlight three significant aspects of the agreement: market access opportunities; increased opportunities for intra-agreement supply chains; and implications for the United States as a non-participant.

The Financial Regulation International (FRI) is a practitioner-focused news service which features articles and opinion pieces about international and domestic financial regulation and private law disputes relating to the financial services industry.

Despite being the largest free trade agreement (FTA) in the world, the Regional Comprehensive Economic Partnership (RCEP) is often criticized as a shallow FTA. In this essay, however, we contend that the RCEP is better understood in the context of the great power rivalry between the United States and China. We argue that the RCEP marks China’s rise as a shaper of trade law norms and governance mechanisms, which intensifies great power competition. On the one hand, by solidifying the world’s largest regional trading bloc, including through enacting very liberal rules of origin, the RCEP tightens ties among Asian economies and counters the efforts of the US to divert supply chains away from China. On the other hand, the inclusion of new rules on issues like e-commerce in the RCEP illustrates the potential for some cooperation between the two countries over the governance of the emerging digital economy, despite considerable challenges. The essay concludes with thoughts on the options for the new US administration in dealing with China.