World Trade Organization

This webinar focused on what possible directions what the ideal paths lie for a US/Kenya Free Trade Agreement that will benefit Kenya in all the areas it is negotiating with the United States. The experts panelists consider what constraints and possibilities the negotiating framework in the United States means for Kenya’s goals in the negotiations. In addition, the experts consider what lessons Kenya can learn from the United States, Mexico and Canada, (USMCA), Free Trade Agreement and how those lessons can translated into positive outcomes for Kenya.

Following the outbreak of the novel coronavirus pandemic, the surge in global demand for essential COVID-19 products has resulted in a boom in trade in medical goods. With over 14 million infections and over 600,000 fatalities and counting across the globe, many governments have introduced restrictions and bans on the export of medical products. These measures have affected the supply chains of medical goods across the globe. This pandemic has been a vivid reminder of how intricately linked all our destinies are. There must be a coordinated global response – no one country can afford to adopt beggar-thy-neighbour policies. Thus, to contain this virus, every global citizen must be able to access relevant treatment and preventative medication.

While investment is not per se a current focus of our TVI, this present article discusses vulnerability concerns in an investment context utilising Caribbean Community (CARICOM) Member States as the point of departure. It concludes by discussing the ways these countries have sought and could seek to build resilience.

Although the use of the plural on ‘provisions’, in the Transparency Mechanism could also be interpreted as meaning notification under GATT Article XXIV (for RTAs in goods) and GATS Article V (for RTAs in services) only, it remains an open question. Consequently, notification of the Protocol on Trade in Goods of the AfCFTA under both routes (GATT Article XXIV and Enabling Clause) would come as no surprise despite the dubious legality of such a practice.

World Trade Organization (WTO) member states are moving towards increased reliance on renewable energy and are enacting domestic policies to encourage investment in renewable energy technology. These domestic policies have not escaped the scrutiny of other WTO members, who in some cases have commenced dispute resolution processes to resolve claims of non-compliance with WTO Agreements. This commentary discusses relevant decisions of the WTO dispute resolution bodies and the possible effect of these decisions on renewable energy in Africa.

Considering the ambition of the AfCFTA for deep integration, aiming at liberalizing trade in goods, services, investment, intellectual property, competition and e-commerce, and to guarantee that compliance schedules are absolute results of negotiated arrangements among African countries as opposed to the superintendence and policing of the WTO, this essay suggests that a Full Agreement pathway to notification should be considered.

Traditional medicines have an equally important role as vaccines, therapeutics and medical devices protected through classical IPRs such as patents. For this reason, it is important to include traditional medicines within the scope of IPR protection, including within the WTO’s TRIPS Agreement. Doing so would go beyond the classical debate of protecting medicines, vaccines and therapeutics mainly through patents as currently understood within the TRIPS Agreement.

In addition to BITs and IP laws, the Nigerian government can rely on the international law principle of necessity to justify taking measures such as compulsory licencing, yet the successful use of this principle depends on satisfying various conditions. Meanwhile, applicability of the customary doctrine of police powers to the claims arising under BITs has been accepted. This means that ISDS tribunals should thus attach normative propriety to state regulation in an epidemic.

Halting the rapid transmission of COVID-19 and reversing the trend of consequential global distress is a global concern and goal. As the WHO has rightly pointed out, this goal is only achievable when everyone, everywhere can access the health technologies they need for COVID-19 detection, prevention, treatment and response. This highlights the importance of international cooperation and solidarity for restoring global health security, now and for the future.

To mitigate the risk of speculation, I have proposed  that the international community should create a Debts of Vulnerable Economies Fund (a “DOVE” fund) to help African countries deal with their private sector debt. The fund could be created by an African institution such as the African Development Bank or the African Union. The fund should be financed by governments, foundations, financial institutions, companies and individuals. In order to demonstrate its independence from both debtor countries and creditor institutions it should be managed by an independent board representing all stakeholders.