European Union

The Proposed Multilateral Investment Court vis-a-viz sub-African Investment Interests for the settlement of International Investment Disputes

Globalisation of commercial activity extends into international investments, evidenced by over 2,500 bilateral investment treaties (BIT) or International Investment Agreements (IIA) in the international investment regime. Within these BITs is an embedded Investment State Dispute Settlement (ISDS) system executed through an Arbitration Mechanism. The ISDS system serves as a dispute resolution tool for achieving the purpose of the IIA. The purpose of the IIA is for the protection of foreign investment from the harmful policies and governance of host states. In addition, many IIAs contain certain common standards and principles that regulate the investment relationship, such as the notorious fair and equitable treatment (FET), stabilization clauses, and so on. Thus, the overarching aim behind the norms and principles of international investment management is the creation of a system of legal safeguards against the actions of the host states. This simplistic paradigm of international investment law regime has become increasingly problematic due to the expansion and inclusion of various indirect stakeholders in the investment agreements, the growing recognition of public socio-economic realities like regulatory rights, and development rights, that are being pushed for larger consideration from ignored stakeholders mostly like the public.

Towards a United Nations Tax Convention: Prospects and Challenges for Developing Economies

This commentary highlights the prospects and challenges of a UN framework tax convention for developing economies and makes recommendations for mitigating risks. It argues that while the proposed UN framework tax convention may provide a broader forum for increased conversations between developed and developing countries on international cooperation in tax matters, it may not be the magic wand of equal participation in global tax policy formulation hoped for by developing countries. Nevertheless, the adoption of the UN tax resolution is indeed a very significant development in the international tax law and policy space that will form the basis of very engaging conversations in the coming years.

The Political Economy of the European Green Deal, Neoliberalism and the (Re)production of Inequalities

While the law is to a large extent responsible for the overlapping social and ecological breakdowns, translating the above-mentioned principles into law means creating legal frameworks (through the interpretation of existing legal rules and principles and the creation of new legal instruments) that move away from the primacy of market logics and extractive profit-oriented economies embedded in colonial legacies, and reproducing gendered and racialized inequalities. It requires designing legal responses that would enable transformative ways of thinking about economies, justice, and our relationship with the non-human worlds, while embedding law and policies in truly democratic frameworks and practices. It means centering within legal thinking and legal practices the multiple forms of exclusions that are pervasive within and outside the EU, and that EU laws and policies often directly enable. Making a fair and inclusive transition happen requires bold choices and unwavering principles. Right now, the EU is quite far from embracing and practicing them.

Call for Papers: China and Europe in the African Continent - Economic, Legal and Political Perspectives

We invite submission of paper proposals addressing the general theme of the conference from economic, legal, and political perspectives. The conference and the subsequent publication will provide a platform for scholars, policymakers, and practitioners to engage in a constructive and informed debate on the different strategies pursued by Europe and China in Africa, and their impact on the continent's development, governance, and security.

The AU at 20: Building Partnerships for Africa’s Strategic Autonomy

The lack of international cooperation and coordination during the COVID-19 pandemic has highlighted the importance of African efforts to enhance resilience and agency in international relations. While the African Union (AU) continues to face challenges in achieving greater continental integration, it has embarked on several important measures, including efforts to reform the AU to make it fitter for purpose and more efficient. Some of these efforts include reforms aimed at reducing the AU's dependence on external donors and the implementation of the African Continental Free Trade Area (AFCFTA), a flagship project of the AU's Agenda 2063.

NEWS: 08.25.2022

The News and Events category publishes the latest News and Events relating to International Economic Law relating to Africa and the Global South. Every week, Afronomicslaw.org receive the News and Events in their e-mail accounts. The News and Events published every week include conferences, major developments in the field of International Economic Law in Africa at the national, sub-regional and regional levels, as well as relevant case law. News and Events with a Global South focus are also often included.

The Trials, Tribulations, and Triumphs in Financing the African Union

As the AU enters its twenties, understanding and addressing its funding challenges must be embedded in the broader political economy of Africa and the world. Global fiscal justice will go a long way in enabling African agency through more self-funding and leadership in the AU's agenda-setting and programme implementation. The AU can and should balance the shouldering of a steadily increasing burden of funding itself with continued pragmatic partnerships. In so doing, the AU will be able to roll out its reforms without losing access to vital resources in the short-term.

NEWS: 6.16.2022

The News and Events published every week include conferences, major developments in the field of International Economic Law in Africa at the national, sub-regional and regional levels as well as relevant case law.