UNCTAD

Negotiating the AfCFTA Investment Protocol: An Opportunity for Africa to Set its Own Investment Facilitation Agenda

In order to decide whether to include IF in the AfCFTA and how, African policymakers should be aware of all these different approaches and dynamics around Investment Facilitation to be able to set their own priorities in this relatively “new” area in international investment law, crafting an innovative and holistic approach for their future investment protocol. To date, international and regional approaches in IF are still in the making – making it easier for policymakers to identify what works best for Africa. In the process, policymakers can also leverage their own cutting-edge reform efforts on investment protection and regulation, and set a regional standard as a rule-maker – which could, in turn, influence ongoing or other future global processes on this topic.

The Experience of West African Economic and Monetary Union (WAEMU) in the Field of Competition

The WAEMU competition policy is, from the point of view of material and procedural law, in conformity with international standards, with certain specificities relating to the control of concentrations, the establishment of a special category of anti-competitive practices attributable to States and, above all, a centralized institutional approach with almost exclusive competence of the Community bodies. Then, eighteen (18) years (2003-2021) after the adoption of the implementing texts, WAEMU competition policy has therefore contributed to the consolidation of the Customs Union, the free movement of goods and liberalization in several sectors of activity (telecommunications, communication, energy, etc.). Moreover, it has become an essential tool for promoting regional economic integration in the Union.

Afronomicslaw-UNCTAD Webinar: The Reform of the International Investment Policy Regime in Africa

This webinar will consider reforms of the international investment policy regime in Africa. The webinar follows up our recently concluded symposium on Investor-State Dispute Settlement designed to centre voices from the Global South in the veritable tradition of Afronomicslaw.org

International Investment Law and Policy in Africa in the Context of the Pan-African Investment Code

While international trade has undergone significant structural changes recently, particularly with the proliferation of new generation of free trade agreements (FTAs), the debate on the consequences of IIAs for sustainable development continues to widen and intensify. In effect, while there has been fundamental changes in the international investment landscape in terms of players (now comprising state-owned enterprises and sovereign wealth funds) and FDI direction (with emerging economies now being, not only recipients, but increasingly home states), governments are also now adopting industrial policies and development strategies that contrast with their erstwhile hands-off approach to economic development.

With AfCFTA in Mind: New Dawn for Afro-EU Relations?

There is a feeling that the next decade will be a watershed period in terms of the economic relations between the EU and Africa. Both continents are experiencing sweeping developments that will invariably affect their respective existence and mutual relationships. In Africa, the largest preferential trade area, the African Continental Free Trade Area (AfCFTA), has recently been ratified while in Europe, the EU is navigating the challenges of Brexit. All this is taking place in the backdrop of negotiations between the two blocs to replace the Cotonou Agreement which has since 2000 served as the bedrock of economic relations between the EU and ACP states. How, then, will the Africa-EU relationship be impacted – if at all – by the implementation of AfCFTA?

Mainstreaming Non-State Actors in African Regional Integration

Many mainstream discussions on African regional integration focus on the role of the executive, bureaucrats and state institutions (hereafter referred to as state-actors) in facilitating regional integration. While state-actors play crucial roles in enabling regional integration from a “top-down” perspective, concentration on these state-actors inadvertently means that less focus is paid to the non-state actors involved in the process. This article explains that while state-actors do facilitate regional integration from a top-down perspective, non-state actors have the potential to (and in some cases, already do) facilitate regional integration using a “bottom-up” approach.