My Views on WTO Reform

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.

Introduction to Symposium on WTO Reform - Views from the Global South

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.

COMESA Call for Applications for Two Professional Positions: Directors - Trade & Customs; Industry & Agriculture

The Common Market for Eastern and Southern Africa (COMESA) is a regional grouping of 21 African States which have agreed to promote regional integration through trade development and transport facilitation. More information can be obtained from the COMESA website www.comesa.int. Applications are invited from suitably qualified and experienced professionals for the following position.

CFP: The Corporate Responsibility to Respect Human Rights in Africa

The discourse on corporate accountability for human rights violations has been shaped to a great extent by the United Nations Guiding Principles on Business and Human Rights (UNGPs), resulting from the work of John Ruggie, the UN Secretary-General’s Special Representative for Business and Human Rights.

Evaluating the Conciliation Dispute Settlement Mechanism of the African Continental Free Trade Agreement through the lens of Timor-Leste Australia

The Agreement establishes a Dispute Settlement Mechanism that seeks to settle state-level disputes. Such mechanism is to be administered in tandem with the provisions of the Protocol on Rules and Procedures on the Settlement of Disputes (the Protocol). The Protocol aims at providing a ‘transparent, accountable, fair, predictable, and consistent dispute settlement process.’ Article 8 of the Protocol permits disputing state parties to voluntarily undertake conciliatory measures in a bid to amicably resolve the dispute in the event consultations, which are not strictly compulsory according to the language of Article 6(6), fail.

A Future Court without Cases? On the Question of Standing in the AfCFTA Dispute Settlement Mechanism

One would be justified in thinking that AU member states have intentionally created a court which they consciously know they would hardly use given the inertia identified above. If the reforms that would extend standing to private parties are not undertaken, there is little guarantee that Member States will suddenly change their habits. Assuming for once that they trigger the mechanism, it is also very likely that, consistent with their practice for political solutions to legal problems, they would not proceed beyond the consultation and good offices stages provided in Articles 7 and 8 of the Dispute Settlement Protocol.