Tag: Dispute settlement

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 ...

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...

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...

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...

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...

The recently enacted Zimbabwe Investment Development Agency (ZIDA) Act [CHAPTER 14:37] guarantees local and foreign investors legal protection against discriminatory treatment...

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 ...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

The African Group at the WTO has circulated a statement on the Appellate Body impasse: An extract: “In the last year, we note with alarming concern the systemic risks facing the...

1. Context The dispute settlement system is recognized in Article 3.2 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) as a central element ...