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Building capacity to help Africa trade better

Tag: Dispute settlement

Alternative Dispute Settlement Procedures for Trade-related Disputes in Africa

Alternative Dispute Settlement Procedures for Trade-related Disputes in Africa

01 Oct 18  Blog
African State are not active users of the Dispute Settlement Understanding (DSU) of the World Trade Organization (WTO). The explanations point to Africa’s small share of global t...
Investment dispute resolution under the Amended Annex 1 of the SADC FIP

Investment dispute resolution under the Amended Annex 1 of the SADC FIP

01 Oct 18  Blog
Effective dispute resolution is important for foreign investors. It guarantees legal certainty and predictability in markets and provides remedies when rights are violated. The res...
MTN vs. Nigeria: on the perils of investment in Nigeria, or the arrogance of South African multinationals?

MTN vs. Nigeria: on the perils of investment in Nigeria, or the arrogance of South African multinationals?

01 Oct 18  Blog
In late August this year, MTN was ordered by the Central Bank of Nigeria (CBN) to return around US$8.1 billion alleged to have been illegally repatriated (to its South African pare...
SADC EPA Trade Defense Mechanisms

SADC EPA Trade Defense Mechanisms

31 Jul 18  Blog
The Economic Partnership Agreement (EPA) between the European Union and the Southern African Development Community (SADC) EPA Group[1] is a WTO compatible Free Trade Agreement (FTA...
The Settlement of Disputes under the SADC EPA

The Settlement of Disputes under the SADC EPA

31 Jul 18  Blog
African states are not known for instituting formal dispute settlement proceedings about the violation of trade agreements. They never do so amongst themselves and very seldom vis-...
DG Azevêdo: Now is the time to speak up for trade and the trading system

DG Azevêdo: Now is the time to speak up for trade and the trading system

25 Jul 18  News
At a meeting of the full WTO membership held yesterday, Director-General Roberto Azevêdo outlined the economic and systemic threats posed by the growing tensions in global trade a...
Dispute Settlement under the AfCFTA

Dispute Settlement under the AfCFTA

11 Jun 18  Publications
Formal dispute settlement has not been a feature of intra-African trade. African Governments simply do not litigate against each other. This may be a consequence of many factors: a...
EAC chief justices pledge faster trade dispute resolution

EAC chief justices pledge faster trade dispute resolution

14 May 18  News
Chief justices from the East African Community have resolved to speed up cases involving trade disputes in order to support the regional process. The judicial bosses from Kenya, U...
Court dismisses appeal over EAC partner states signing EPA dispute

Court dismisses appeal over EAC partner states signing EPA dispute

19 Feb 18  News
The Appellate Division dismissed an Appeal filed by one Castro Pius from the United Republic of Tanzania, whose application seeking an injunction to stop the Partner States which h...
The Court Ruling on the Elections in Kenya: A Precedent for inter-State Disputes?

The Court Ruling on the Elections in Kenya: A Precedent for inter-State Disputes?

14 Sep 17  Discussion
Gerhard Erasmus, tralac Associate, comments on the ruling by Kenya’s Supreme Court to overturn the re-election of President Uhuru Kenyatta, citing irregularities in the national ...
Ban on Dar’s products in Nairobi sparks trade, diplomatic dispute

Ban on Dar’s products in Nairobi sparks trade, diplomatic dispute

04 Jul 17  News
Presidents John Magufuli and Uhuru Kenyatta have stepped in to stem an escalating trade war that has seen Tanzania and Kenya exchange import bans on several commodities. The EastA...
More Trade Disputes in 2017? Starting with Measures Against EU Chickens

More Trade Disputes in 2017? Starting with Measures Against EU Chickens

18 Jan 17  Publications
African governments do not believe in adjudication as a means for settling trade disputes. This is unfortunate. A final and binding ruling clears the air, removes uncertainty about...
Trade law and regulation

Trade law and regulation

04 Jan 17  Themes
The development of rules-based governance for regional trade and integration in Africa has become an important focus area for tralac. Trade agreements, accompanied by the necessary...
Kenya denies Somalia’s claim on maritime boundary dispute

Kenya denies Somalia’s claim on maritime boundary dispute

23 Sep 16  News
Kenya has rebutted Somalia’s claim that negotiations to resolve the maritime boundary dispute between the two had been exhausted before it moved to the International Court of J...
How can the Beitbridge Dispute be resolved?

How can the Beitbridge Dispute be resolved?

11 Aug 16  Discussion
Gerhard Erasmus, tralac Associate, discusses the prospects for a resolution to the ongoing dispute between South Africa and Zimbabwe over Harare’s latest import restrictions In ...
South Africa keeps U.S. duty-free access after trade dispute

South Africa keeps U.S. duty-free access after trade dispute

15 Mar 16  News
South Africa will retain preferential access for its farming goods to the world’s biggest market after meeting benchmarks set by President Barack Obama to allow the import and sa...
Alternative dispute resolution mechanism should be made accessible to all

Alternative dispute resolution mechanism should be made accessible to all

18 Feb 16  News
The Acting Deputy Director-General of Consumer and Corporate Regulation at the Department of Trade and Industry (the dti), Mr MacDonald Netshitenzhe says Alternative Dispute Resolu...

New Generation Disputes in African Regional Integration: What are the Reasons and the Implications?

27 Nov 15  Publications
Regional Economic Communities (RECs) are the building blocks and the main engines behind the arrangements designed to promote regional integration and cross-border commerce in Afri...
Investor-State Dispute Settlement: Review of Developments in 2014

Investor-State Dispute Settlement: Review of Developments in 2014

17 Jul 15  News
Statistical update (as of end 2014) In 2014, investors initiated 42 known ISDS cases pursuant to international investment agreements (IIAs). This is lower than the record high num...
The Polytol judgment of the COMESA Court of Justice: Implications for rules-based regional integration

The Polytol judgment of the COMESA Court of Justice: Implications for rules-based regional integration

01 Jul 15  Publications
The judgment by the First Instance Division of the COMESA Court of Justice in Polytol Paints & Adhesives Manufacturers Co. Ltd (Applicant) versus The Republic of Mauritius...

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