World Trade Organization (WTO)

Reflections on Day 2 of the AfIELN Biennial Conference: Covid-19 and International Economic Law: Africa’s Experiences and Responses

It is apparent that the issue of private creditors in relation to African sovereign debt is a ticking timing bomb in Africa. Africa, though rich in minerals, has slow economic growth and a serious debt problem. There is thus a need for a harmonised legal framework that deals with the issue of sovereign debt, set a limit on debt levels, and outlines how debt restructuring should occur. Africa cannot afford to wait for the active buy-in of other multilateral players in order to develop this legal framework; Africa needs to drive this initiative. In addition, both players—being African countries and private creditors—must take responsibility to avoid reckless lending. This can also be addressed in a much-needed comprehensive legal framework.

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. 

Patent Games in the Global South: Pharmaceutical Patent Law-Making in Brazil, India and Nigeria (Oxford: Hart, 2020) ISBN, HB: 9781509927395, 240 pp.

In light of the current global health crisis caused by COVID-19 pandemic and the attendant discussions on the importance of pharmaceutical patents to our daily existence, the analyses in this book (and the symposium) performs an important function in documenting the role of different sets of actors and their influences on the domestic implementation of global patent rules, access to medicines, and how these (in)actions led us to where we are today.

What happens as technology travels on the global value chain?

The importance of technology transfer in holding together the links and processes of the global value chain tells us a lot about value accretion and control of the chains. The concept of the global value chain, especially as it is portrayed in documents like the Global Value Chain Development Report 2019 and in the 2020 World Bank’s Trading for Development in the Age of Global Value Chains is non-hierarchical.

Conference Report: The African Society of International Law 9th Annual Conference on Africa and Covid-19

The African Society of International Law (AfSIL) held its 9th Annual Conference on Africa and COVID-19 virtually, on 30 October 2020. AfSIL aims inter alia to promote international law on the continent and to contribute to the development of an international law that expresses the point of view of African States and specialists. The Conference was sponsored by law firms Foley Hoag LLP, Shikana Law Group and Asafo & Co.

Legal Constitution of Global Value Chains in the Digital Economy

WTO members should revisit the liberalization commitments with a view to engaging in further impact assessments of present and proposed liberalization commitments. More importantly, international and national trade policy makers should welcome new imaginaries of a global digital economy, including the use of trade policy tools to make domestic digital economies competitive at the global stage. This requires a re-conceptualization of the foundations of international trade law, and national tax, competition, property, privacy and data protection laws.

Symposium Introduction - Global Value Chains, Trade and Development

This online symposium is the outcome of a workshop on ‘GVCs, Trade and Development’ hosted by the Kent Law School and IEL collective in July 2020 and supported by the British Academy (Grant no. MD19\190020). The workshop engaged with the policy research literature produced by the World Trade Organisation and World Bank since 2013, in particular their Global Value Chain Development (GVCD) reports of 2017 and 2019.

Beyond Intellectual Property? “Open science” to overcome COVID-19

There is no doubt that solving this pandemic is the most pressing challenge of our time. This is not a zero sum game. Below, I elaborate on the four points for effective global solidarity to tackle the pandemic.