Rules on cross-border data flows are no exception to this general trend. Moreover, given that the WTO rulebook was mostly written in the 1990s prior to the rise of the data driven economy, multilateral trade rules by and large do not regulate cross-border data flows, a fact which has contributed to rules on this front – demand for which has only increased as economies have become more data intensive – being set nationally and even sub-nationally, but also regionally, and in PTAs and FTAs. At the same time, trends such as the rise of what is often referred to as ‘surveillance capitalism’ has brought the issue of personal data protection on privacy grounds into sharper focus around the world. With this background context in place, this essay looks at the intersection of economic integration and personal data protection with a view to informing ongoing debates on what AfCFTA rules on cross-border data flows might look like.

The limit of cross border flow of personal data is broadly referred to as data localisation and is often justified based on five main concerns. These include the protection of personal data, access to data by local law enforcement, ensuring national security, advancing local economic competitiveness and levelling the regulatory playing field. However, a closer look at these justifications reveal the impact of data localisation on free trade, increase in transaction costs and the efficiency of corporations, stifling of innovation, and hampering of economic growth. With global data flows raising global GDP, it is necessary to ask, what policy trade-offs are necessary to balance the legitimate concerns of countries against the unintended consequences that the impact of data localisation causes? There are four issues relating to the economic impacts of data localisation that emerging regulation in Africa needs to address. These are data ownership and its value, competition, trade, and foreign direct investment.

The News and Events published every week include conferences, major developments in the field of International Economic Law in Africa at the national, sub-regional and regional levels as well as relevant case law.

CCSI is recruiting a Director of Programs as a member of CCSI’s senior team. In collaboration with the CCSI Director, and working collaboratively with Senior Colleagues, the Director of Programs will support the development of effective strategies toward the achievement of CCSI’s mission and strategic goals.

The Pretoria University Law Press (PULP) in partnership with African Forum and Network on Debt and Development (AFRODAD) and Afronomicslaw invites you to the virtual book launch of COVID-19 and Sovereign Debt, edited by Daniel D. Bradlow and Magalie L. Masamba (2022).

The News and Events published every week include conferences, major developments in the field of International Economic Law in Africa at the national, sub-regional and regional levels as well as relevant case law.

This is an Interview by Our Founding Editor and Co-Convener, Olabisi D. Akinkugbe, on Channels TV, Nigeria. The interview was conducted on the heels of the 2022 IMF and World Bank Spring Meetings and the African Sovereign Debt Justice Network's Statement.

Taxing the digital economy has been on the international tax agenda for almost 30 years, revolving about how to tax an industry increasingly based on intangibles, scale effect, and market reach without a physical presence. But following Crawford and Joler’s concept of extractivism (2020; 2021), the digital economy is not only about BATX or GAFAM, but also about material resources, human labor, and data. The article analyses those long-forgotten elements of the Digital Economy’s true value chain, and, as the most recent two-pillar-based reform of the Inclusive Framework does actively exclude them, how those elements could be considered in the reform process.

On the 22nd day of May 2021, AfronomicsLaw Academic Forum held a Guest Lecture titled 'Trade Facilitation: The Key to a Borderless Africa'. The esteemed speakers were Dr Tsotang Tsietsi and Mr Craig Merito, who addressed the role of trade facilitation as a mechanism to enhance intra-African trade. Dr Tsietsi, the first speaker, is a Senior Lecturer at the National University of Lesotho. She holds an LLM from the University of Cambridge and a PhD from the University of Cape Town. Mr. Craig Merito is an international trade expert and consultant with over 25 years of experience. This piece will reflect on the issues raised by Dr Tsietsi before proceeding to those encompassed by Mr. Merito.

In the globalised world that we inhabit, replete with its complex private transnational institutions and multinational corporations, energy law is often far from “national”. That is to say, hard legal problems arising in relation to energy issues within a particular country will often have a remarkably international character that can substantially transcend the immediate jurisdictional confines of the country in question.