Shifting the Goalposts: US-Led WTO Reforms of the Dispute Settlement Mechanism

The introduction of the World Trade Organization (WTO) in 1995 was considered a historic milestone for the rules-based trade order instituted in the aftermath of World War II. In particular, the Dispute Settlement Mechanism (DSM), a rules-based dispute settlement system designed to ensure fair resolution of trade disputes among WTO members, was hailed as a "crown jewel" of the new system. Although not devoid of criticism, the two-tier system of the DSM had a relatively excellent start to life. Considered one of the most active international dispute mechanisms, especially since the turn of the millennium, the DSM has handled 621 disputes brought to the organisation, with over 350 rulings issued since its inception in 1995. However, the system's success has waned in recent years, effectively "grinding to a halt" with the U.S. spearheading its sabotage. Although the US was a major architect for its introduction in 1995, it opposed the appointment of new Appellate Body members, through successive US administrations and there are now no Appellate Body members since 2019. The demise of the Appellate Body created an impasse in the WTO that is yet to be resolved despite several efforts from WTO members. A primary criticism of the current system by the U.S. is that the Appellate Body has overstepped its limits and created new rules not envisaged by the WTO, an approach that the U.S. maintains does not support its interests. In this analysis, we argue that the proposed reforms to the WTO's DSM by the U.S. are self-serving, aligning with a consistent pattern of hegemonic powers shifting the goalposts and changing the rules when they face adverse consequences—the "bite"—of a regime they erstwhile championed.

Symposium Introduction: The WTO’s Dispute Settlement Reform and Developing Countries

Dispute settlement at the World Trade Organisation (WTO) is in urgent need of reform. For nearly two decades, the USA had accused the Appellate Body of judicial overreach and action against the institution escalated under both the Obama and Trump administrations. In November 2022, the quasi-judicial system that has long been referred to as the ‘jewel in the crown’ of the WTO lost its appellate function as the term of its final Member, Dr Hong Zhao, expired. With the US refusal to reappoint members to the Appellate Body, the WTO’s dispute settlement system has been slowly asphyxiated. The WTO’s two-tier dispute settlement system was designed to ensure that Members had access to transparent, independent and timely decision-making.

Ninety Eight Sovereign Debt News Update: The Inaugural Africa Climate Summit in Retrospect: Climate Financing, but at What Cost?

The African Sovereign Debt Justice Network, (AfSDJN), is a coalition of citizens, scholars, civil society actors and church groups committed to exposing the adverse impact of unsustainable levels of African sovereign debt on the lives of ordinary citizens. Convened by Afronomicslaw.org with the support of Open Society for Southern Africa, (OSISA), the AfSDJN's activities are tailored around addressing the threats that sovereign debt poses for economic development, social cohesion and human rights in Africa. It advocates for debt cancellation, rescheduling and restructuring as well as increasing the accountability and responsibility of lenders and African governments about how sovereign debt is procured, spent and repaid. Focusing in particular on Kenya, Zambia, Zimbabwe, Mozambique, Nigeria and Senegal, the AfSDJN will also amplify African voices and decolonize narratives on African sovereign debt . Its activities include producing research outputs to enhance the network’s advocacy interventions. It also seeks to create awareness on and elevate the priority given to sovereign debt and other economic justice issues on the African continent and beyond throughout 2021.

Book Review: Intellectual Property Law in Nigeria: Emerging Trends, Theories and Practice, D.O. Oriahkogha and A.I. Olubiyi (Benin City: Paclerd Press, 2023)

This is the second collaboration by experts in the field of IP law, Dr. Desmond Oriakhogba and Dr Ifeoluwa Olubiyi, who have come together again to make substantial changes to the first edition of their text which assessed the theories, practices, and emerging trends of IP law in Nigeria. In their resourceful second edition, the authors have taken upon themselves the responsibility of analyzing the dynamic realm of IP law, and how it continues to shape and protect IP property rights in an increasingly multifaceted and interrelated world. They recognize that the Nigerian IP law landscape will need to keep up with technological advancements in the space even as technology continues to develop.

Ninety Seventh Sovereign Debt News Update: Carbon Credit Deal to Potentially result in Liberia Conceding 10% of its Territory to a UAE Firm

The African Sovereign Debt Justice Network, (AfSDJN), is a coalition of citizens, scholars, civil society actors and church groups committed to exposing the adverse impact of unsustainable levels of African sovereign debt on the lives of ordinary citizens. Convened by Afronomicslaw.org with the support of Open Society for Southern Africa, (OSISA), the AfSDJN's activities are tailored around addressing the threats that sovereign debt poses for economic development, social cohesion and human rights in Africa. It advocates for debt cancellation, rescheduling and restructuring as well as increasing the accountability and responsibility of lenders and African governments about how sovereign debt is procured, spent and repaid.

New Book: Transforming Climate Finance in an Era of Sovereign Debt Distress, James T. Gathii, Adebayo Majekolagbe, and Nona Tamale, Eds. (Free Access)

This book brings together a team of talented young researchers convened by the African Sovereign Debt Justice Network (AfSDJN). Over a two year period they researched and carefully considered how best to transform climate finance in an era of sovereign debt distress. One of the major insights of the book is that unless climate finance is fundamentally transformed, its growing number of instruments and initiatives will entrench the sovereign debt crisis while failing to resolve the ecological crisis that many countries are already experiencing.

The Effect of Recent Coups in Africa on the African Continental Free Trade Agreement

There has been a wave of incessant coups in Africa, starting in Mali in 2020. Since then, it has unprecedentedly spread to 6 countries in 3 years. Other countries include Guinea (2021), Chad (2021), Sudan (2021), Burkina Faso (2022), Niger (2023), and most recently, Gabon in August 2023 have experienced coups. The coup leaders deposed elected leaders, forestalled elections, or even overthrew leaders who held on to powers for over 50 years. It has also caused the rise of a faction among African leaders. Countries with military regimes declare support for one another and daring regional bodies like the Economic Community of West African States (ECOWAS) to take any disciplinary action. This post examines the effect of the rising political instability in African countries on the African Union’s (AU) effort to implement the African Continental Free Trade Agreement (AfCFTA).

Consultancy Opportunity: Economic Commission for Africa and Africa Trade Policy Centre - Trade and Environment Consultant

The primary objective of this assignment is to contribute to ATPC’s various workstreams centering around the interface of trade policy on the one hand and climate change and environmental concerns on the other within the context of African integration led by trade. The addition of a trade-and-environment expert to ATPC’s pool of experts will allow the Centre to expand, deepen and refine its work and provide opportunities for more robust and in-depth analysis of initiatives taken in this area.

Ninety Sixth Sovereign Debt News Update: Gabon’s Debt-For-Nature Swap: Some Critical Reflections

The African Sovereign Debt Justice Network, (AfSDJN), is a coalition of citizens, scholars, civil society actors and church groups committed to exposing the adverse impact of unsustainable levels of African sovereign debt on the lives of ordinary citizens. Convened by Afronomicslaw.org with the support of Open Society for Southern Africa, (OSISA), the AfSDJN's activities are tailored around addressing the threats that sovereign debt poses for economic development, social cohesion and human rights in Africa. It advocates for debt cancellation, rescheduling and restructuring as well as increasing the accountability and responsibility of lenders and African governments about how sovereign debt is procured, spent and repaid.