Free Trade Agreement

The North-South Trade Agreements and Integration in Africa: A Focus on the Proposed USA - Kenya Free Trade Agreement

It is important that the Global South countries and particularly African countries device approaches that aim at entrenching integration in their own regions. This is absolutely crucial now that African States have the ambition of increasing intra- African trade. Secondly, African governments need to approach FTA and EPAs with the countries in Global North with extra caution and with their development needs, economic situations, and integration ambitions in mind.

The Kenya-United States Free Trade Agreement Violates Article 37 of the Protocol on the Establishment of the East African Customs Union

Should the Kenya-United States Free Trade Agreement be concluded, it would violate Article 37 of the Protocol on the Establishment of the East African Customs Union. Article 37 requires a Partner State to notify the EAC of a new trade agreement even when there is merely a proposed trade agreement. Article 37 of the Protocol requires that Partner States notify the other Partner States before offering a third-party preferential market access since Partner States share a common Customs territory.

The Kenya-US Trade Negotiations: An Opportunity to Comprehensively Rethink Treaty Making in Africa

A focus on the ongoing Kenya-U.S trade negotiations is pertinent as a lens to rethink the trade and investment treaty making reform at the continental level in the context of the African Continental Free Trade Area (“AfCFTA”) (section 3). The authors conclude with concrete suggestions aiming to improve the drafting of the prospective Kenya-U.S FTA provisions.

The Regional Comprehensive Economic Partnership (RCEP): A Dilemma for People and Human Rights in the Global South?

The current century's threat to communities, including climate change and vast and deepening inequalities, may be aggravated by the Agreement. By limiting the power of governments to govern in the interests of the community and the environment, and bolstering a regulatory framework intended to advance the interest of multi-national corporations and only the wealthiest people, trade and investment agreements deepen issues of human rights. The RCEP may, as a consequence, advertently exclude marginalised groups, including women, indigenous peoples, migrants and essentially those without any capital or political power. 

The Status Quo of RCEP: A Squandered Opportunity for Regional, Social and Environmental Cooperation

Regional trade agreements such as RCEP which include some of the major global palm oil producers including Malaysia and Indonesia could have been drafted to help sustainable palm oil production in both countries by eliminating markets for unsustainable palm oil. Despite all of the fanfare around RCEP, the RCEP treaty is a lost opportunity for using trade to advance human rights and environmental protection.

RCEP Investment Rules: Help or Hindrances to Asia's COVID-19 Recovery?

Without doubt, once in force, RCEP could stimulate COVID-19 recovery in the region by fostering greater investment among the fifteen Asia-Pacific countries. However, as the Agreement will be co-existing with other IIAs among the countries, it adds another noodle to the already growing spaghetti bowl of IIAs among the Asia-Pacific States.

RCEP: Nothing to See and Everything to See

For years UNCTAD has argued that hyperglobalisation, and the free trade agreements that promote it, has created unsustainable levels of instability, inequality, insecurity and ecological harm and called for a new paradigm of trade rules that is participatory and development-friendly, recognises the role of regulation and local political oversight, and can promote a level playing field and prosperity for all. The final RCEP argument is a symptom of that malaise - a step back from the excesses of the TPPA, but is a long way from a new paradigm. 

Roadmap to the digital tax debate for developing countries

This article reviews the policy advancements on digital taxation, the individual initiatives that some developed countries have enacted, and considers some recommendations for developing countries to address future changes. It also contains a brief analysis of the Ecuadorian VAT reform for digital services and other possible options that need to be considered by the country.

The Video of the Afronomicslaw Webinar V is Live: Exploring Paths Toward an Ideal US/Kenya FTA for Kenya

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.