Symposium Posts

International trade is not free of costs; the dominant view is that the benefits outweigh these costs. Following Ricardo and other free trade enthusiasts, the premise inbuilt in international economic law is that trade is a win-win social activity. Everybody would be better off in the long-run. Meanwhile, the immediate losers could perhaps expect that international economic rules would take their interests seriously, as in making their vulnerability visible or ensuring they receive compensation, particularly when the long-run takes too long to arrive.

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.

In this symposium on vulnerabilities in international economic law (IEL), the contributors focus on the disruptive effects of the COVID-19 pandemic for trade and investment regimes in the global south. The contributors offer a diverse range of perspectives from the Caribbean, Latin America, the United States and Africa to demonstrate how the pandemic has intensified existing vulnerabilities and created new forms of inequalities in trade and investment. Each contribution offers a reflection on how the pandemic intersects with an aspect of IEL and presents concrete policy steps that have been, or could be, taken to redress the negative and harmful effects of the pandemic, be them intentional or unintended. Common to all contributions is the question of how we - an international community of scholars, activists and policymakers – can make trade and investment regimes more resilient, inclusive and sustainable.

The Mozambique scandal shows how much damage irresponsible lending can cause.  A citizen or a class of citizens injured by an irresponsible loan should be able to pursue a civil suit for damages against the responsible government officials and lender or lenders:  i) in the country where one or more of the lenders is headquartered, ii) the country where one or more of the branches or subsidiaries that extended or approved the loan is located, or iii) in any country where the lender or lenders have a substantial presence.

For decades, humans have been drawn to space exploration for scientific, security and commercial purposes. Private companies such as SpaceX and Blue Origin have undertaken daring projects to commercialize outer space, including tourism, mining space resources and establishing installations and even extra-terrestrial habitats. The allocation of the benefits from outer space is a highly disputed issue, from the early days of space exploration to date. We believe that the issue of taxation, hardly discussed so far, is vital when considering the proper distribution of space benefits

African countries would also need to ensure that the nexus-revenue threshold is as low as possible, in order to accommodate jurisdictions with a relatively small market. Other important issues that are still outstanding include i) the definition between routine and residual profits, ii) the required threshold for determining the portion of residual profits allocable, and iii) how the profits would be allocated to market jurisdictions

The quality of public service delivery has been shown to affect tax non-compliance in an important way. Among other issues that have been attributed to low tax revenues in Nigeria, the State of the fiscal social contract can be said to be the single most important underlying cause. While there remains a depth of systemic issues to be resolved in order to rebuild the broken links in the fiscal social contract properly, the predicted post-pandemic impact on digital communication and business provides Nigeria with the opportunity to leverage on digital growth and engagement to bargain a stronger social contract, particularly with its largest demographic.

The effect of COVID-19 on the developing countries and the imposition of tax on the digital economy within the context of the OECD/G-20's Negotiations on enacting appropriate global standards would include new dynamics of participation, new revenue needs, and new policy dilemmas—involving developing countries. There is the need to fully digitalize the tax filling system in Nigeria and completely jettison the mundane practice of manual tax fillings at the office of the tax authority.

For the fiscal contract to be effective post-COVID-19, all parties to the contract must actively seek to engage on fairer terms. The terms must be implemented, in good faith and, with consideration to the economic and social realities created by the pandemic. A one-sided execution of the contract either by the government or the taxpayer would not cut it. After all, it takes two to tangle, and you can’t clap with one hand.

In the tax world, this is significant because businesses react to tax policy. Tax policy, in turn, stimulates the interest of both local and international investors who are the key drivers of economic growth. Therefore, the challenges of the economic downturn will be more glaring and significant for African countries, who have a greater reliance on tax revenue from large taxpayers than more advanced economies.