World Trade Organization

What Role Does the Constitution Play in Shaping and Implementing South Africa's Foreign Policy?

We have argued that the Constitution primarily allocates foreign policy responsibility to the national executive. The President and the Department of International Relations and Cooperation (DIRCO) and its foreign missions are the key actors in the executive responsible for making and overseeing foreign policy. The Constitution prescribes both substantive and procedural rules to guide the executive in its foreign policy choices

Trade Security Role of Customs Administrations within the AfCFTA

Trade security is an important component of Customs work. Customs administration should adapt to the environment they operate and the commencement of the AfCFTA is a new development which calls for adaptation. The AfCFTA presents challenges to trade security due to the large volumes of cargo whose movement should be as unhindered as possible. Various international instruments seek to promote trade security through promoting collaboration, capacity building for Customs administrators, as well as simplification and harmonization of procedures. Interestingly, all trade instruments discussed have demonstrated that trade facilitation and trade security are intrinsically inter-linked. Even though Customs administrations in the AfCFTA have embraced digital technologies they continue to have implementation challenges.

In Pursuit of Transparency for Trade Facilitation in Southern Africa

The Southern African States are encouraged to continue with their laudable efforts of implementing transparency measures. They should strive to meet the implementation deadlines that they have set for themselves. They should seek assistance to mitigate any capacity constraints that are preventing them from making necessary reforms. Fortunately both the TFA and the AfCFTA recognise the importance of special and differential treatment (S&DT) and technical assistance to improve prospects of compliance. This gives some assurance that members will continue to achieve greater success in improving transparency going forward.

Book Review of International Investment Law: National, Regional and Global Perspectives, Collins C Ajibo, (Wolf Legal Publishers 2020)

As the author explains in the foreword, this book intends to explore the principles, policies and practice in international investment law across the world and to foster greater study interests of students in the field. Unlike other textbooks that focus solely on investment protection in international law, this book brings an under-explored perspective from developing countries, in particular from Nigeria.

Book Review of International Investment Law: National, Regional and Global Perspectives by Dr Collins C Ajibo (Wolf Legal Publishers, Nijmegen, the Netherlands: 2020)

The book (International Investment Law: National, Regional and Global Perspectives) examines the principles and practices of international investment law in the light of international law. The book is situated within the prevailing dynamics of international investment law and policy that are underpinned by competing interests of the host States and foreign investors.

The Kenya-United States Free Trade Agreement Violates Article 37 of the Protocol on the Establishment of the East African Customs Union

Should the Kenya-United States Free Trade Agreement be concluded, it would violate Article 37 of the Protocol on the Establishment of the East African Customs Union. Article 37 requires a Partner State to notify the EAC of a new trade agreement even when there is merely a proposed trade agreement. Article 37 of the Protocol requires that Partner States notify the other Partner States before offering a third-party preferential market access since Partner States share a common Customs territory.

The Kenya-US Trade Negotiations: An Opportunity to Comprehensively Rethink Treaty Making in Africa

A focus on the ongoing Kenya-U.S trade negotiations is pertinent as a lens to rethink the trade and investment treaty making reform at the continental level in the context of the African Continental Free Trade Area (“AfCFTA”) (section 3). The authors conclude with concrete suggestions aiming to improve the drafting of the prospective Kenya-U.S FTA provisions.

International Women's Day: In Conversation with Dr Jan Yves Remy

To mark the 2021 International Women’s Day themed #Choose to Challenge, Afronomicslaw.org celebrates Dr Jan Yves Remy’s brilliant contributions to International Trade Law. Dr Remy is the Deputy Director of the Shridath Ramphal Centre for International Trade Law, Policy and Services (the SRC). She has advised governments and private stakeholders on international trade matters with a focus on dispute settlement under the auspices of the World Trade Organization (WTO).

Why Kenya's Parliament Must Reject the UK-Kenya EPA

There are no two ways about this. Kenya’s Parliament must reject the UK-Kenya Economic Partnership Agreement (EPA). Kenya and the UK must from scratch renegotiate a new agreement that reflects Kenya’s interests. The current agreement is heavily tilted towards the interests of the United Kingdom and its multinationals stationed in Kenya. There are three major reasons why Parliament must reject and renegotiate this agreement.