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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.

Commentary on the UNIDROIT Legal Guide on Agricultural Land Investment Contracts

Food security is at the very core of human existence. Agriculture is thus a critical part of sustainable development. It is estimated that Agriculture contributes about 33% of the world’s gross-domestic product. A significant number of countries with the most arable land belong to the categorization of low to middle income nations, while a significant number of the high-income nations are dependent on food imports from the former. As a result, domestic and foreign agricultural land investment contracts are common as countries seek to achieve food security. The UNIDROIT/FAO/IFAD Legal Guide to Agricultural Land Investment Contracts (ALIC) is thus a welcome framework for ensuring that these investments contribute to the sustainable development goals. On the overall, the legal guide provides comprehensive instrument that effectively highlights the critical components of such agricultural land contracts and is thus commendable.

Sub-Saharan Africa and CARICOM: Comparing experiences in implementing competition regimes

Colonial powers reshaped the economies to extract resources for export to the metropole while creating an import dependency for consumables. This legacy transformed these economies and their indigenous institutions and power. Locals were brutalized and deprived of meaningful economic opportunities.

Martha Karua v. Republic of Kenya: A litmus test for East African Court of Justice's ever shifting Supremacy and Jurisdictional Remit

These cases are usually brought by public-spirited individuals, human rights lawyers, NGO’s and civil society groups; all of whom have been variously accused of inviting the court to put its jurisdictional treaty limits. Karua’s case, therefore, also invites the court to resolve and settle the debate on its express versus implied jurisdiction and powers in matters regarding human rights, democracy and rule of law.