Least Developed Countries

Covid-19 and South-South Trade & Investment Cooperation: Three Emerging Narratives

To the extent that measures taken to combat Covid-19 intersect with existing trade and investment obligations for countries in the global south, and reveals the embedded tensions,  we wonder whether regional governance can or should serve as a framework to create equitable and just South-South cooperation, especially in times of crises. Regional and sub-regional organisations, if operationalised effectively, have the capabilities to pool together the financial, human, and intellectual resources that will be needed to identify interventions and responses to measures that threaten the foundations of solidarity, self-reliance and equality underpinning South-South relations.

COVID-19 Makes the Case for Our Trade Vulnerability Index

The opening quote taken from the G20 Ministerial Statement is a welcome acknowledgment by the most powerful that some countries and citizens lay greater claim to the title of “vulnerable” than others. However, it is not enough. Prime Minister Mottley’s clarion call for global leadership in this area and application of the vulnerability index is one we have wholeheartedly embraced.  Through our TVI, we are proposing tangible and effective ways to cater to the patent vulnerabilities of countries in regions like the Caribbean and Africa.

COVID-19 pushes digital solutions and deepens digital divides: What role for African digital trade law?

Many governments, including those in Africa, have adopted travel restrictions and physical-distancing policies to reduce the spread of the coronavirus (Covid-19). These are most important for urban areas where population is dense. As a result, consumers, companies, organisations and individuals are increasingly exploring digital solutions to continue at least some economic and social activity remotely,  but which, due to a gap in digital readiness, cannot be used by all, in particular not by those in the Least Developed Countries (LDCs). This state of affairs raises the questions of how to bridge the divide and facilitate physically-distant work and what significant and constructive role could digital trade law play in Africa?

Should Ethiopia Join the WTO? A Cost Benefit Analysis

Joining the WTO will reduce the diverse economy that the Ethiopian government has been fostering. But if the government feels that WTO membership is necessary, then Ethiopia must take it’s time to negotiate more favorable terms in line with its development status and objectives. In particular, Ethiopia should not make the same mistakes as other newly joined nations and should not agree to undertake higher levels of commitments than is made absolutely necessary by the WTO rules and what other founding LDCs, such as Bangladesh, have made. Specifically, Ethiopia should seek to ensure that tariffs are bound at the highest rates possible.

Where is the flower power these days? The EAC-EU Economic Partnership Agreement

Uncertainty looms for the Kenyan floriculture industry, as leaders of the East African Community Partner States – apart from Kenya - are stalling the ratification of the 2014 Economic Partnership Agreement with the European Union (EAC-EU EPA). This analysis explains the deadlock in which this industry finds itself. 

International Environmental Governance: A Case for Sub-Regional Judiciaries in Africa

Sub-regional judiciaries and implementing bodies in Africa should endeavour to avoid what the Kagame Report termed ‘[t]he chronic failure to see through African Union decisions [which] has resulted in a crisis of implementation.’ Hence, ECOWAS and the ECCJ should apply political pressure on Member States to implement the ECCJ judgments. Also, dualist countries in the sub-region should domesticate the Revised Treaty and the Protocol on the ECCJ into their national laws. This will enhance the implementation of the ECCJ decisions in the sub-region.

Re-thinking Large Scale Agricultural Land Acquisition through a Contract Model

In the grander scheme of things, amidst the crisis of climate change in which the vulnerability of Africa continues to unravel, Africa remains a preferred choice of FDI in agriculture for the export of green energy and for food. This situation raises concerns about displacements, conflicts, shrinking traditional landraces and continental food security writ large. The traction for agricultural FDI comes through the scheme of large scale agricultural land acquisitions, which activists framed as agricultural “land grabs”.