Common Market for Eastern and Southern Africa (COMESA)

News: 3.21.2024

The News and Events category publishes the latest News and Events relating to International Economic Law relating to Africa and the Global South. Every week, Afronomicslaw.org receive the News and Events in their e-mail accounts. The News and Events published every week include conferences, major developments in the field of International Economic Law in Africa at the national, sub-regional and regional levels as well as relevant case law. News and Events with a Global South focus are also often included.

News: 3.14.2024

The News and Events category publishes the latest News and Events relating to International Economic Law relating to Africa and the Global South. Every week, Afronomicslaw.org receive the News and Events in their e-mail accounts. The News and Events published every week include conferences, major developments in the field of International Economic Law in Africa at the national, sub-regional and regional levels as well as relevant case law. News and Events with a Global South focus are also often included.

News: 29.2.2024

The News and Events category publishes the latest News and Events relating to International Economic Law relating to Africa and the Global South. Every week, Afronomicslaw.org receive the News and Events in their e-mail accounts. The News and Events published every week include conferences, major developments in the field of International Economic Law in Africa at the national, sub-regional and regional levels as well as relevant case law. News and Events with a Global South focus are also often included.

NEWS: 06.07.2023

The News and Events category publishes the latest News and Events relating to International Economic Law relating to Africa and the Global South. Every week, Afronomicslaw.org receive the News and Events in their e-mail accounts. The News and Events published every week include conferences, major developments in the field of International Economic Law in Africa at the national, sub-regional and regional levels as well as relevant case law. News and Events with a Global South focus are also often included.

Now That We Have Moved in Words, Can We Move in Action? the AU, Member States and African Union Protocol on the Free Movement of Persons in Africa

When, in 1963, Kwame Nkrumah emphasised that Africans need to unite, he was vigorously reinforcing the pertinence of motioning the continent on the ideation of pan-Africanism, unity, and continental solidarity. There were evident implications of his rhetoric. The first is that the arbitrary borders of the continent could not continue to subsist. In his invocations, he insisted on the fact that it was pertinent to render 'existing boundaries obsolete and superfluous.' At the time this viewpoint was articulated, it met with wide agreement. Although certain leaders were persuaded that it was important to do away with the borders, others who had just gained independence from colonial powers emerged as nationalists and were determined to consolidate their victories at a national level, given that their people had fought hard to win independence from imperialism and colonial structures.

A Reflection on African Trade and Investment Wars in Context

In this essay, we center some of the intra-African trade wars in context. First, these trade and investment wars reveal the ways in which investors maneuver and respond to the hostile regulatory actions of a hegemon state by moving their investments to a friendlier economy. Our first example between Uganda falls into this category. In response to the actions of the Kenyan government, the investors secured market access in Zambia. Zambia thus became a beneficiary of the trade war between Uganda and Kenya. Second, the trade and investment wars bode well for the future of trade liberalization in Africa under the AfCFTA because this probably points to rising trade volumes between African states. Third, as we show in the context of the examples we discuss, the citizens of States that have taken the more hardline posture on the regulatory measure at the heart of the trade and investment war appear to be worse off in their capacity to generate sustained economic development. Fourth, in some cases, African trade and investment wars are caused by socio-economic conflicts. The xenophobic attacks in South-Africa are illustrative of this example. The xenophobic attacks often escalate to trade wars and retaliatory economic backlashes. Fifth and finally, we loop in the AfCFTA and arguethat the trade wars remain a threat to the realization of the promise of the AfCFTA.

Journeying Towards an African Electricity Market: An International Economic Law Perspective

Electricity security is in today’s world a critical component for a well-functioning economy. Many African countries rely heavily on fossil fuels for electricity generation, while others have successfully harnessed renewable energy sources – Kenya being an example, with over 80% of its power generation being from renewable energy sources. With the global push to de-carbonise national economies, particularly the power sector, the interdependence of countries through electricity trade will become increasingly important. Countries are now only looking to develop their own clean energy capacity, but will in future, also seek to harness that of neighouring countries through cross-border power trade.

Inaugural World Arbitration Update: Africa and MENA Reasserting A Protagonist Role in the Arbitration Scene

These recent procedural and substantive trends encompassed in the WAU conference demonstrate a renewed and welcomed interest for arbitration of mega disputes in the African continent and the MENA region, both international arbitration hubs that are gaining prominence. Whilst challenges remain, biases against arbitrating disputes in these regions are being debunked by the experience of Africa and MENA with dispute resolution, the advent of institutions and “arbitration friendly” jurisprudence.

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 COMESA Competition Commission (CCC), Earlier Experiences and Lessons for Regional Competition Regimes in the Global South

The COMESA Competition Commission (CCC) has been recognized as the most established regional competition authority so far in Africa. However, the CCC’s enforcement of the 2004 COMESA Competition Regulations (the “Regulations”) has not been easy. It has been marred with challenges. For instance, the launch of CCC –although established in 2004–faced backlash from some of the COMESA Member States, COMESA national competition agencies (NCAs), lawyers, and the business community even before it became operational. That is why it took almost a decade, in 2013, for CCC to commence enforcement of the Regulations. Despite these challenges, on 14th January 2023, CCC will be celebrating a decade of existence. If so, how has CCC enhanced the enforcement of the regional competition laws and what lessons can young and emerging regional competition regimes (RCRs) learn from CCC? In this blog article, we discuss the strategies that CCC has adopted in building its authority and strengthening cooperation with NCAs and other stakeholders in the enforcement of the COMESA regional competition law.