Symposium Posts

In my view, one simple and safe guiding principle for Caribbean states could be whether the proposals on the table advance or diminish the protections guaranteed by the rule of law.  These protections include: supremacy of law, equality, accountability, fairness, separation of powers, participation in decision-making, certainty, avoidance of arbitrariness and procedural and legal transparency.  Using this as the guiding principle, small states can meaningfully contribute to the debate.

Several Members still consider that a serious consideration of the Interim Arbitration Proposal weakens any efforts to strengthen the Appellate Body or the ongoing DSU reforms. In that context, and even if this proposal is only ad hoc in nature, several procedural and technical issues need to be addressed before serious deliberations can take place.

The lack of participation of African states in the WTO dispute settlement system is indicative to a certain extent of the discomfort that most African states feel vis-à-vis the said system. A future reform of the DSU must necessarily include procedural and substantive aspects to render dispute settlement more flexible for African countries.

At the heart of the WTO system is the commitment to the foundational principles of MFN and national treatment. But in a world predicated upon national interest and economic power, the most powerful may not consider multilateral rule-based commitments to be optimal to the achievement of their national interests. One feature of the WTO dispute settlement system is that every Member of the WTO is entitled to have their dispute determined under agreed rules. This is a basic feature of rules-based dispute settlement. The rules, impartially applied, have no regard to the economic power of the parties. The settlement of disputes by recourse to rules of general application yield outcomes that do not depend upon which member is more powerful.

This week, we offer an exciting treat to followers of the Afronomicslaw Blog! We are bringing the discussions on reform at the World Trade Organization (WTO) to you, from a unique “Global South” perspective. As WTO Members struggle to find solutions to the impasse in the selection process for appointing Appellate Body Members, and as concerns abound about the ability of the WTO to successfully navigate new issues confronting the multilateral trading system, I approached the editors of Afronomicslaw with the idea of dedicating a symposium to views of developing countries on the topic of WTO reform.  Thankfully, they were receptive, and I am proud to count among this week’s contributors: a former Appellate Body Member, WTO law academics, and practitioners hailing from Africa, India and the Caribbean.

The huge investments in the extractive sector should, in principle, be a catalyst for economic growth, job opportunities, and development. Often, these investments have been a source of environmental degradation, socio-economic malaise and despair. Equatorial Guinea, for instance, is a classic example of the ‘resource curse mystery in Africa. To leverage extractive resources for development, African countries are faced with legal, fiscal, implementation, infrastructure, regulatory and institutional challenges. This contribution addresses state and investor responsibility in the sustainable development of Africa’s extractive sector. It highlights four responsibility indices that will guide states and investors in fostering a shared value approach to an inclusive and sustainable development of Africa’s extractive sector.

This symposium includes contributions that analyze state and investor responsibility for wrongful acts, and responsibility for the development of sustainable extractive regimes, in African countries. The contributions are timely interventions at a time when Africa’s regional institutions and states are developing mechanisms for responding to challenges presented by the extractive industries.

Post-Cotonou approaches to innovation require the technocrats to go beyond the jargon of ‘partnership of equals’ and change their own modus operandi: the future relationship must be based on co-production and the case of GIs is a testing ground for this. This would involve dedicating technical teams to work co-productively with farmers’ groups – women, youth, community-based – to understand the local issues that will impact any GI scheme in the regions. But it also means looking at new and novel products, such as cannabis, especially given the drive to legalise cannabis and in particular ‘medical marijuana. By extension, it means recognizing the importance of a development focused approach to the ACP and extending the scope of GIs beyond its current remit which has long-been defined by European values.

Variable geometry is an operational principle under the Treaty for the Establishment of the East African Community (the EAC Treaty). Much like the European Union’s ‘enhanced cooperation’ provisions, the objective of variable geometry is to reinforce the integration process by allowing progression of cooperation among a group of partner states within the Community in chosen areas and at different speeds. The underlying principle of flexibility is seen in both the Union and Community contexts albeit with necessary procedural differences. Other similarities lie in the requirement that cooperation must be left open to any member state wishing to join later, and that such cooperation can only be invoked as a last resort.

As we approach the expiration of the Cotonou Agreement in early 2020, the time is now for the Caribbean to enter into the negotiating arena with our loins girded with belts of truth about our reality. A reality that is characterized by simultaneous integration and fragmentation; a reality in which we are physically small but geopolitically large; a reality where our small size must be seen as buoyant, agile, proficient strength as we navigate the global arena. A reality where our mature and battered regional institutions must now be renovated and become fit for our future purposes.