Blog

Dispute Settlement in the African Continental Free Trade Area

When national Parliaments received reports from the Executive about the outcomes of the African Continental Free Trade Area (AfCFTA) negotiations and why this Agreement should be ratified,... read more

What does the National Security Exception in GATT mean?

The World Trade Organization (WTO) regime is rules-based. One of the implications is that the Member States can only invoke exceptions that are expressly provided for; national measures ba... read more

When is a levy not a tax? A guideline from Namibia

In the electronic communications industry the stakes are high. It is a lucrative world, complex and indispensable. If unregulated, things could easily get out of hand. Since it knows few b... read more

An important Comesa Court qualifier for natural and legal persons approaching the Court

The Treaty that underpins the 27-member Community of Eastern and Southern African States (Comesa) contains an appealing provision for ordinary persons, natural or legal, who are involved i... read more

Huawei: Trade War is escalating into a Tech War

The inter-connected nature (and vulnerability) of the global trading system was dramatically demonstrated with the announcement on 15 May 2019 by the US Commerce Department that companies ... read more

What is still required for a complete AfCFTA Deal?

The African Continental Free Trade (AfCFTA) Agreement promises an ambitious new continent-wide trade arrangement for Africa. The Preamble says there will be “clear, transparent, predicta... read more

What happens to the RECs once the AfCFTA is in force?

Regional integration has been a prominent feature of inter-state cooperation in Africa for a long time. It is pursued for solidarity, historical, political and economic reasons. In additio... read more

The AfCFTA: What enters into force now and what does it mean?

On 29 April 2019, Sierra Leone and the Saharawi Republic deposited their instruments of ratification of the Agreement establishing the African Continental Free Trade Area (AfCFTA). This br... read more

Rules of origin, tariffs and the AfCFTA

Article XXIV of the GATT requires that ‘duties and other restrictive regulations’ on ‘substantially all trade in products originating in such territories’ of the contracting partie... read more

AfCFTA: What next for services trade?

Now that the Agreement Establishing the African Continental Free Trade Area (AfCFTA) has a firm date for entry into force, we must turn our minds to the operational phase of the AfCFTA. In... read more

How can the AfCFTA Investment Protocol advance the realisation of the AfCFTA objectives?

The AfCFTA Agreement will include a protocol on investment – to be negotiated in phase II. Meanwhile, the technical issues on investment are under consideration, and the draft legal text... read more

The proposed AfCFTA Protocol on Intellectual Property Rights

The AfCFTA Protocol on Intellectual Property Rights (IPR) will be negotiated during Phase II. The draft legal text has to be submitted to the January 2021 Session of the AU Assembly for ad... read more

The proposed AfCFTA online non-tariff barrier reporting, monitoring and eliminating mechanism

How will it work? What are stakeholders expecting from this mechanism? The AFCFTA enters into force on 30th May 2019 with high expectations from the continental stakeholders particularly ... read more

Cooperation on competition in the AfCFTA

Competition law is an essential component of market and, overall economic governance. Its aim is to promote competition, to enhance market outcomes for consumers and firms. Deeper integrat... read more

The Brexit Saga is far from over

Brexit has become a political and constitutional fiasco. It may also have dire consequences for business. Firms must deal with lingering uncertainty and the possibility of forfeiting the b... read more

President Ramaphosa’s 2019 State of the Nation Address

A State of the Nation Address (SONA) is not like a formal contract, especially not in an election year. It cannot be “enforced”. But the one delivered by President Ramaphosa on 7 Febru... read more

How will South Africa engage the Region, the Continent and the World?

In the African context, South Africa is a trading nation. What does the State of the Nation Address (SONA) 2019 say about South Africa’s trade policy? President Ramaphosa emphasised the ... read more

Good Governance is vital… but is easier said than done once the State has been captured

Those who observe South Africa from afar are often puzzled by the fact that despite all the evidence, not a single person has yet been prosecuted and convicted for a crime associated with ... read more

The Energy Crisis: How will Investors look at South Africa now?

South Africa has traditionally been associated with Africa’s best infrastructure, giving it an obvious advantage in terms of attracting investment and boosting further industrialization.... read more

How Can Blockchain Support Intra-African Trade?

‘Blockchain’ – or Distributed Ledger Technology (DLT) – is a technology whereby a ledger of transactions, or other form or record, is maintained electronically by being distributed... read more