Does Article 25 Arbitration Need Serious Consideration?

Several Members still consider that a serious consideration of the Interim Arbitration Proposal weakens any efforts to strengthen the Appellate Body or the ongoing DSU reforms. In that context, and even if this proposal is only ad hoc in nature, several procedural and technical issues need to be addressed before serious deliberations can take place.

An African Response to WTO Reform Proposals

The lack of participation of African states in the WTO dispute settlement system is indicative to a certain extent of the discomfort that most African states feel vis-à-vis the said system. A future reform of the DSU must necessarily include procedural and substantive aspects to render dispute settlement more flexible for African countries.

My Views on WTO Reform

At the heart of the WTO system is the commitment to the foundational principles of MFN and national treatment. But in a world predicated upon national interest and economic power, the most powerful may not consider multilateral rule-based commitments to be optimal to the achievement of their national interests. One feature of the WTO dispute settlement system is that every Member of the WTO is entitled to have their dispute determined under agreed rules. This is a basic feature of rules-based dispute settlement. The rules, impartially applied, have no regard to the economic power of the parties. The settlement of disputes by recourse to rules of general application yield outcomes that do not depend upon which member is more powerful.

Introduction to Symposium on WTO Reform - Views from the Global South

This week, we offer an exciting treat to followers of the Afronomicslaw Blog! We are bringing the discussions on reform at the World Trade Organization (WTO) to you, from a unique “Global South” perspective. As WTO Members struggle to find solutions to the impasse in the selection process for appointing Appellate Body Members, and as concerns abound about the ability of the WTO to successfully navigate new issues confronting the multilateral trading system, I approached the editors of Afronomicslaw with the idea of dedicating a symposium to views of developing countries on the topic of WTO reform.  Thankfully, they were receptive, and I am proud to count among this week’s contributors: a former Appellate Body Member, WTO law academics, and practitioners hailing from Africa, India and the Caribbean.

COMESA Call for Applications for Two Professional Positions: Directors - Trade & Customs; Industry & Agriculture

The Common Market for Eastern and Southern Africa (COMESA) is a regional grouping of 21 African States which have agreed to promote regional integration through trade development and transport facilitation. More information can be obtained from the COMESA website www.comesa.int. Applications are invited from suitably qualified and experienced professionals for the following position.

CFP: The Corporate Responsibility to Respect Human Rights in Africa

The discourse on corporate accountability for human rights violations has been shaped to a great extent by the United Nations Guiding Principles on Business and Human Rights (UNGPs), resulting from the work of John Ruggie, the UN Secretary-General’s Special Representative for Business and Human Rights.

Evaluating the Conciliation Dispute Settlement Mechanism of the African Continental Free Trade Agreement through the lens of Timor-Leste Australia

The Agreement establishes a Dispute Settlement Mechanism that seeks to settle state-level disputes. Such mechanism is to be administered in tandem with the provisions of the Protocol on Rules and Procedures on the Settlement of Disputes (the Protocol). The Protocol aims at providing a ‘transparent, accountable, fair, predictable, and consistent dispute settlement process.’ Article 8 of the Protocol permits disputing state parties to voluntarily undertake conciliatory measures in a bid to amicably resolve the dispute in the event consultations, which are not strictly compulsory according to the language of Article 6(6), fail.