Having attended two-thirds of the WTO’s ministerial conferences, I have been reflecting on why they have failed. In most cases it comes down to an abuse of process and bullying by more powerful Members, sometimes with collusion from the chair and the secretariat, leaving developing countries with two choices: capitulation or denial of consensus.
Dispute settlement at the World Trade Organisation (WTO) is in urgent need of reform. For nearly two decades, the USA had accused the Appellate Body of judicial overreach and action against the institution escalated under both the Obama and Trump administrations. In November 2022, the quasi-judicial system that has long been referred to as the ‘jewel in the crown’ of the WTO lost its appellate function as the term of its final Member, Dr Hong Zhao, expired. With the US refusal to reappoint members to the Appellate Body, the WTO’s dispute settlement system has been slowly asphyxiated. The WTO’s two-tier dispute settlement system was designed to ensure that Members had access to transparent, independent and timely decision-making.
On May 2-5, 2023, two of our Editors attended the workshop entitled Trade and Climate Action: Shifting the Paradigm for a Just Transition and Sustainable Development in Bridgetown, Barbados.
The European Law Students' Association (ELSA) is issuing the Call for the Host of the John H. Jackson Moot Court Competition on WTO law, with the technical support of the World Trade Organization. We are looking for institutions to host Regional Rounds in Africa, the Americas, and Asia in the Spring of 2024.
The UN Economic Commission for Africa (UNECA) is sponsoring 6 scholarships for African mature undergraduate and post-graduate students/researchers interested in trade and investment to participate in our inaugural Joint University Study Tour (JUST) Summer Programme from June 5-9 2023 in Geneva, Switzerland.
It is perhaps too early to predict what a final waiver text may look like. Nevertheless, it is probably not too far-fetched to assume that the outcome of the quadrilateral negotiations between India, South Africa, the EU, and the US, i.e. the compromise waiver text, would constitute the basis of any final waiver decision.
On May 5th, 2021, following public enormous pressure, the United States decided to support the waiver of IP protections on COVID-19 vaccines to help end the pandemic. With the United States blocking of the proposal now out of the way, at least for now, negotiations will now begin.
The contributions to the symposium on the Regional Comprehensive Economic Partnership (RCEP) feature essays from across the world. The topics are diverse too: some dwell on the geopolitical implications of the RCEP, some dwell on its dispute settlement chapter, while some others on issues which the text of the Agreement either ignores or deals with only perfunctorily. Despite the divergence of the views of the contributors, on some points, they broadly tend to agree. They clearly perceive the RCEP as the beginning of a growing trend where economies in the Asia-Pacific region could play a much more pivotal rule in global trade rulemaking.
Afronomicslaw established the Academic Forum to bring together undergraduate and graduate students as well as early career researchers from across the world interested in international economic law issues as they relate to Africa and the Global South.
The Post-COVID19 path to economic recovery in Latin America and the Caribbean will demand both Domestic Revenue Mobilization measures and the promotion of domestic and foreign investment. Amid all the controversy surrounding the concession of tax incentives, the COVID-19 pandemic taught us a lesson: nothing is a sole economic issue. Public policies should address other concerns such as employment, health, environment, and education. A well-designed package of governmental measures may be a balanced proposal that includes diverse public interests to achieve optimal delivery of public goods. This post will focus on the granting of tax incentives for the digital economy in accordance with the GATT, the GATS, and the OECD’s recommendations on harmful tax competition.