Call for Application: Senior Researcher - Legal Tools Team at the International Institute for Environment and Development

August 17, 2021

This role can be based in either the London or Edinburgh IIED offices. We may also be able to consider placement in sub-Saharan Africa Whilst this role is assigned to an IIED office, IIED will remain a predominately remote-working organisation for the foreseeable future We encourage applications from the Global South

The closing deadline for applications is midnight on 12 September 2021 Interviews will be held the week commencing 27 September 2021

Developing a Regional Competition Law Regime in the ASEAN Economic Community: A Bottom-up Perspective?

While there is consensus about the importance of regional competition regimes towards realizing the economic benefits associated with regional market agreements, there are certainly multiple pathways that may be taken towards the regionalization of competition law and policy in any particular regional grouping. The exact path chosen will inevitably be led by the specific economic and geo-political circumstances in which the member states of the regional grouping operate. In the case of the ASEAN Economic Community, it is submitted that the most practical way forward is to take a “bottom-up” approach with two or more member states taking the lead to establish common ground in specific areas of competition law practice, particularly those that are of greater significance in cross-border transactions and investigations. The success of such smaller initiatives might encourage other members of the regional grouping to follow suit and, hopefully, participate in other “harmonization and convergence” reform efforts that will help ASEAN advance its single market aspirations.

Regional Integration and Competition Policy in West Africa: Interfacing Regional and Continental Competition Policies

The objective of integrating the African economies is now continental. Hence, the entry into force of the African Continental Free Trade Agreement for a Continental Free Trade Area (AfCFTA) marks a new and more ambitious stage in the process of integrating African economies[1]. Generally, regional integration projects and initiatives have a strong focus on the trade dimension. They aim at lowering and eliminating trade barriers by prohibiting participating members' restraints of trade in the internal market or by creating a common market. The trade dimension is important. However, its objectives would not be achieved without a competition policy dimension as a compliment. Hence, restrictions of competition on the regional level have both a trade and a competition component. To achieve the objective of creating regional markets free of trade barriers, it is crucial, in addition to the prohibiting restriction of trade, to police private and State initiated anti-competitive behaviors.

Call for Papers - Sanctions and Africa: An International Law and Politics Conference

This multidisciplinary conference explores these and various other disparate practices with a view to developing a systematic understanding of the ways in which African actors seek to shape, challenge, and advance the knowledge, rules, and practice on sanctions. This involves uncovering and situating African perspectives, concerns and practices within, and vis-à-vis, the broader debate on sanctions in global governance.

Competition Law, Developing Countries, and Regional Agreements: Tearing Down Silos and Building Up Scaffolds

There are numerous regional agreements among developing countries. They aim to tear down the trade and investment barriers between and among their members. Moreover, they adopt competition policy and free movement policy to free their internal markets of private and state restraints to achieve market integration, efficiency, opportunity, competitiveness, and a higher standard of living. But most of these regional arrangements do not live up to their potential. Competition policy lags. Why? Reasons commonly given include asymmetry of the member states and their interests, lack of funding and sources for it, large informal markets, governance not sympathetic to competition, and corrupt leadership of nations set on retaining power and privilege. But two critical elements are virtually always overlooked, and unless they are recognized and prioritized, the hope of the regional agreements will never be realized.

The CARICOM Competition Commission as a Regional Institution

This article highlights the benefits the CSME region enjoys for having a regional competition framework and the challenges faced by the Commission in meeting its mandate. It also presents some strategies which the Commission used to overcome these challenges.

The Experience of West African Economic and Monetary Union (WAEMU) in the Field of Competition

The WAEMU competition policy is, from the point of view of material and procedural law, in conformity with international standards, with certain specificities relating to the control of concentrations, the establishment of a special category of anti-competitive practices attributable to States and, above all, a centralized institutional approach with almost exclusive competence of the Community bodies. Then, eighteen (18) years (2003-2021) after the adoption of the implementing texts, WAEMU competition policy has therefore contributed to the consolidation of the Customs Union, the free movement of goods and liberalization in several sectors of activity (telecommunications, communication, energy, etc.). Moreover, it has become an essential tool for promoting regional economic integration in the Union.

The Role of International Soft Law in Tax Reform: Multilateralism at the Seams

On July 1, 2021, the Organization for Economic Cooperation and Development (OECD) secured the votes of 130 members out of 139 members of the Inclusive Framework, on a two-pillar plan to reform the global tax rules. Notably, two African countries—Kenya and Nigeria—, active members of the Inclusive Framework withheld their support for this plan, which has been described by many as “historic”. Nigeria is a major economic force in West Africa and the largest economy, by GDP, on the African continent. Kenya is East Africa’s gateway and the region’s largest economy. What must have influenced their decisions not to support a historic global tax reform, and what are the consequences of such action?