EAC

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.

FREE TRADE: A PIPE DREAM FOR AFRICA?

The AfCFTA seeks to change the manner in which African states trade with each other. The existence of the AfCFTA is what Roscoe Pound termed using the law as a tool of social engineering. The African Union in creating the AfCFTA intended to promote, facilitate and eventually experience free intra-African trade. This review appreciates the AfCFTA but seeks to criticize a loophole it has created

Reflections on Fox and Bakhoum’s Making Markets Work for Africa (OUP, 2019)

Fox and Bakhoum contextualize competition law by describing (in chapters 2 and 3) the structure and other key characteristic of markets in numerous African countries, including the economic and political history of those countries and their markets, as well as the legacies of colonization and decolonization – and by highlighting more broadly the economic challenges and needs of the people of Africa.

Devising Most Favored Nation (MFN) Clauses for the implementation of the AfCFTA in Economic Partnership Agreements

The effective implementation of the AfCFTA can only be achieved where state parties are assured of the stability of their local markets. This article notes that one of the key ways to safeguard these markets is through the development of a coordinated response to MFN clauses which can only be effectively attained through the Council of Ministers.

Book Symposium Introduction: Exploring a Human Rights based approach to Investment Regulation in Africa

This book symposium is about a new era of international investment norms in Africa. The discussion focuses on how to foster cooperation between African states and foreign investors in implementing sustainable development objectives and addressing global challenges. Several traditional investment treaties offer investors broad rights and protections that are backed by strong dispute settlement mechanisms. In the same vein, States have historically committed to non-reciprocal obligations in investment treaties that are seen as significantly limiting the policy space of states.

REVIEW V of Regional Developmentalism through Law: Establishing an African Economic Community, Jonathan Bashi Rudahindwa, Routledge, 2018

A proper assessment of Rudahindwa’s monograph on the subject of establishing the African Economic Community (AEC) is one that cannot exclude the currents of ongoing reform efforts and the extent to which they are able to move the continent faster towards the dream of achieving the AEC. This invariably raises some methodological questions that border on multidisciplinary approach to regionalism, and the issue of context. The author highlights these two imperatives in the monograph. By using the concept of “developmental regionalism” as an analytical prism, the author situates the discussion within a multidisciplinary paradigm.

Post-Cotonou and Innovation? Lessons Learned from Intellectual Property provisions on Geographical Indications in the EU-ACP Economic Partnership Agreements

Post-Cotonou approaches to innovation require the technocrats to go beyond the jargon of ‘partnership of equals’ and change their own modus operandi: the future relationship must be based on co-production and the case of GIs is a testing ground for this. This would involve dedicating technical teams to work co-productively with farmers’ groups – women, youth, community-based – to understand the local issues that will impact any GI scheme in the regions. But it also means looking at new and novel products, such as cannabis, especially given the drive to legalise cannabis and in particular ‘medical marijuana. By extension, it means recognizing the importance of a development focused approach to the ACP and extending the scope of GIs beyond its current remit which has long-been defined by European values.

The EU – EAC Economic Partnership Agreement Standoff: The Variable Geometry Question

Variable geometry is an operational principle under the Treaty for the Establishment of the East African Community (the EAC Treaty). Much like the European Union’s ‘enhanced cooperation’ provisions, the objective of variable geometry is to reinforce the integration process by allowing progression of cooperation among a group of partner states within the Community in chosen areas and at different speeds. The underlying principle of flexibility is seen in both the Union and Community contexts albeit with necessary procedural differences. Other similarities lie in the requirement that cooperation must be left open to any member state wishing to join later, and that such cooperation can only be invoked as a last resort.