Tag: Dispute settlement

Will the AfCFTA generate NTB related Disputes?

Will the AfCFTA generate NTB related Disputes?

17 Nov 20  Publications
When private sector stakeholders are encouraged to report instances of encountering NTBs on a public monitoring platform such as tradebarriers.org, the assumption is that their com...
Domestic remedies in trade disputes: Administrative law principles

Domestic remedies in trade disputes: Administrative law principles

29 Sep 20  Publications
Domestic (or national) courts play an important role in the settlement of trade disputes. One of the main reasons is that the parties to the dispute are likely to be familiar with ...
What Disputes could be heard by the AfCFTA Dispute Settlement Mechanism?

What Disputes could be heard by the AfCFTA Dispute Settlement Mechanism?

28 Jul 20  Blog
Will the African Continental Free Trade Area (AfCFTA) be a rules-based dispensation? What is required in order to become one? The Preamble to the Agreement establishing the AfCFTA ...
Do the Regional Economic Communities protect basic Human Rights?

Do the Regional Economic Communities protect basic Human Rights?

28 Jul 20  Blog
Africa’s Regional Economic Communities (RECs) have been receiving more than the usual amount of attention lately because eight of them have been identified as the building blocks...
EU investment governance developments: Implications for African countries

EU investment governance developments: Implications for African countries

25 Jun 20  Blog
The European Union (EU) investment policy is a model that many other countries have viewed as a standard or best practice in investment governance and have thus sought to emulate. ...
China loses landmark WTO dispute against the European Union

China loses landmark WTO dispute against the European Union

18 Jun 20  News
China spent four years fighting for market-economy status, a designation that would give it stronger footing with commercial partners while also curtailing their ability to retalia...
tralac’s Daily News selection

tralac’s Daily News selection

27 Mar 20  News
tralac’s Trudi Hartzenberg: South Africa’s response to the COVID-19 pandemic We’ve already seen that global cooperation and support are absolutely essential at this time. It...
Will disputes under the AfCFTA Agreement be less “political”?

Will disputes under the AfCFTA Agreement be less “political”?

26 Mar 20  Blog
It has been observed that the dispute settlement system of the African Continental Free Trade Area (AfCFTA) is less “political” in design than, for example, the former SADC Dis...
How investment disputes in Zimbabwe will be resolved under the ZIDA Act

How investment disputes in Zimbabwe will be resolved under the ZIDA Act

13 Mar 20  Blog
The recently enacted Zimbabwe Investment Development Agency (ZIDA) Act [CHAPTER 14:37] guarantees local and foreign investors legal protection against discriminatory treatment...
An interim Dispute Settlement Arrangement for some WTO Members

An interim Dispute Settlement Arrangement for some WTO Members

12 Feb 20  Blog
Since the end of 2019, the dispute settlement system of the World Trade Organization (WTO) can no longer function as designed. This system was created as part of the WTO Agreement ...
tralac's Daily News Selection

tralac's Daily News Selection

18 Nov 19  News
Underway in Addis Ababa: (i)  SheTrades Global 2019 (held in conjunction with the World Export Development Forum). Discussions will engage with women entrepreneurs from 40 bu...
South Africa’s submission on UNCITRAL ISDS reforms: Comments and implications

South Africa’s submission on UNCITRAL ISDS reforms: Comments and implications

16 Oct 19  Blog
Introduction Investor-State dispute settlement (ISDS) has in recent years been criticised for its systematic imbalances, as well as inconsistent, flawed and excessive arbitral awa...
tralac’s Daily News Selection

tralac’s Daily News Selection

15 Jul 19  News
Starting tomorrow, in Niamey: Lake Chad Basin Governors Forum 2019. The forum (16-18 July) will assess cooperation and firm up plans for the region’s stabilization. tralac’s l...
The Development of REC Community Law: The EAC Court of Justice makes an important Contribution

The Development of REC Community Law: The EAC Court of Justice makes an important Contribution

12 Jul 19  Publications
When the internal legal order of a particular regional integration arrangement is described as being based on “Community Law”, it typically means an advanced level of integrati...
The first Dispute under the SADC EPA has been declared

The first Dispute under the SADC EPA has been declared

12 Jul 19  Publications
When the SADC EU Economic Partnership Agreement (SADC EPA) between the European Union (EU) and the Member States of the Southern African Customs Union (SACU) and Mozambique was con...
Another Ruling against the Dismantling of the SADC Tribunal

Another Ruling against the Dismantling of the SADC Tribunal

11 Jul 19  Blog
In December 2018, the South African Constitutional Court ruled that the participation of the South African President in the decision to abolish the Southern African Development Com...
What does the National Security Exception in GATT mean?

What does the National Security Exception in GATT mean?

11 Jul 19  Blog
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 mea...
An important Comesa Court qualifier for natural and legal persons approaching the Court

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

11 Jul 19  Blog
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 in...
Dispute Settlement in the African Continental Free Trade Area

Dispute Settlement in the African Continental Free Trade Area

11 Jul 19  Blog
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 r...
When is a levy not a tax? A guideline from Namibia

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

11 Jul 19  Blog
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 kno...