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Why African Countries Should Consider National Digital Currencies to Counter the Threats Posed by Private Digital Currencies like Facebook Libra

The introduction of CBDCs would, no doubt, raise some legal and regulatory questions. First of all, due to the monetary policy implications of private currencies such as Libra, African countries need to think ahead whether they would want to ban the use of Libra for domestic transactions. Secondly, should African countries introduce their own CBDCs, governments would need to be able to know and manage the identities of parties transacting with these currencies in order to be able to fulfil ‘Anti-money laundering and combating the financing terrorism’ (AML/CFT) requirements. Of course, if these currencies become acceptable globally, they would be required to adhere to, the Financial Action Task Force’s (FATF) - the global watch dog against money laundering and terrorism financing - recommendations on travel rules.

Using the duty to regulate paradigm as a normative instrument to foster inter-disciplinarity in international investment law and human rights debate

Scholars tend to participate in the International Investment Law (IIL) and human rights debate using a thorough knowledge and expertise of their respective legal disciplines. In addition, they frame this discussion within the paradigms privileged by each legal community. Nevertheless, the problem with cross-disciplinarity in research and discourse is that IIL and human rights scholarship subordinates “the other” field of research to its own approaches and methods and in doing so, both reduce its counterpart’s receptiveness towards the IIL reforms they consider appropriate depending on their understanding of what IIL should be.

An Early Assessment of the Prospective Kenya-United States Trade Agreement

Kenya’s negotiations with the United States while the African Union is in ongoing negotiations on a future agreement between African countries and the European Union that raises similar issues because of the upcoming expiration of the Cotonou Agreement, makes this an important period, perhaps a transitional moment in Africa’s trading relationship with the West. A lot is at stake and Kenya is right in the middle of it.

Call for Applications: Africa Program Officer

Robert F. Kennedy Human Rights seeks a Program Officer in the International Advocacy & Litigation program to coordinate and execute the organization’s work throughout North and sub-Saharan Africa partnering with human rights defenders to protect civic space through advocacy, strategic litigation, and technical assistance.

Where is the flower power these days? The EAC-EU Economic Partnership Agreement

Uncertainty looms for the Kenyan floriculture industry, as leaders of the East African Community Partner States – apart from Kenya - are stalling the ratification of the 2014 Economic Partnership Agreement with the European Union (EAC-EU EPA). This analysis explains the deadlock in which this industry finds itself. 

Environmental Protection under Bilateral Investment Treaties

Although developing countries are very eager to attract FDI through BITs, for most parts, they deliberately water down the environmental concerns. However, recently we have witnessed the incorporation of environmental standards and provisions in BITs. This ambitious effort however is usually frustrated by decisions of international arbitration tribunals.

The Africa-Caribbean Investment Treaty Network: The Status Quo and Three Options for Transformation

Though promising, trade and investment relations between African and Caribbean countries remain under-tapped. Indeed, according to UNCTAD’s IIA Navigator, there are only twelve signed bilateral investment treaties (BITs) between Caribbean and African countries, of which only four are in force. Recently, however, there have been budding signals of interest on both sides of the Atlantic in deepening commercial relations. This article examines the current Africa-Caribbean investment treaty network and proposes three possible options for transforming Africa-Caribbean investment relations.