Tag: Dispute settlement

This question was asked by someone (yes, it was a lawyer) participating in a recent tralac seminar. It was in response to a discussion in which we pointed out that sub-Saharan Afri...

When the leaders of the SADC member states decided in 2012 to scupper the SADC Tribunal instead of standing up to the instigator, Zimbabwe, they might not have foreseen the institu...

The African Continental Free Trade Area (AfCFTA) adds an important new chapter to Africa’s economic integration agenda. The design of the AfCFTA regime will, however, require tha...

Trade policy is context specific. It is about choices and objectives pursued by a particular State acting unilaterally (the scope of which is limited in respect of reciprocal trade...

Article 20 of the African Continental Free Trade Area (AfCFTA) Founding Agreement provides for a Dispute Settlement Mechanism as part of the overall AfCFTA design. It reads: A...

The implementation of the Dispute Settlement Mechanism of the African Continental Free Trade Area (AfCFTA) is governed by a dedicated Protocol, the Protocol on Rules and Procedures...

One of the first accomplishments of the African Continental Free Trade Area (AfCFTA) negotiations was the adoption of the Protocol on Rules and Procedures on the Settlement of Disp...

Disputes declared in terms of the AfCFTA Dispute Settlement Protocol can be settled during the consultation phase, which comes first and is compulsory. Article 7 of the AfCFTA Disp...

Most countries broadly aspire to free trade, and the benefits of international trade at times induce situations where governments support domestic industries with the objective of ...

One of the primary intentions of WTO laws is to create a more even and fair playing field with respect to trade between WTO member states, and to ensure that trade takes place on a...

Trade remedies and safeguards are key exceptions to the World Trade Organisation (WTO) principles of non-discrimination and transparency through binding commitments on tariffs and ...

Country focus Mboweni unveils R2 trillion Budget, focus on vaccine rollout, efficient spending (Eyewitness News) Every national budget, in every nation across the globe, is a bal...

Introduction The East African Community (EAC) has several avenues to use to address/eliminate non-tariff barriers (NTBs) – including the East African Court of Justice. Despite t...

The International Trade Administration Commission (ITAC) was established through an Act of Parliament, the International Trade Administration Act, 2002 (Act No. 71 of 2002), which ...

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 (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 ...

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...

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 ...

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 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...