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Building capacity to help Africa trade better

Tag: Dispute settlement

Will Dispute Settlement Proceedings be a feature of the AfCFTA?

Will Dispute Settlement Proceedings be a feature of the AfCFTA?

05 Sep 22  Blog
It will be a major advance towards rules-based trade if the AfCFTA Dispute Settlement Protocol will be used by the State Parties. They do not settle disputes about trade and region...
The new EU rules for citrus imports from South Africa: Background, applicable legal texts and processes, and the dispute declared by South Africa under the rules of the World Trade Organisation (WTO)

The new EU rules for citrus imports from South Africa: Background, applicable legal texts and processes, and the dispute declared by South Africa under the rules of the World Trade Organisation (WTO)

11 Aug 22  Publications
Citrus fruits are one of the most important export products for the South African economy. The South African Citrus Growers Association (CGA) estimates that the country exported 15...
Dispute Settlement in and about the AfCFTA: What to expect?

Dispute Settlement in and about the AfCFTA: What to expect?

29 Jul 22  Blog
African Governments do not settle their disputes about compliance with obligations in intra-African trade and economic integration agreements through adjudication. Adjudication is ...
Should the State Parties use the AfCFTA Dispute Settlement Mechanism?

Should the State Parties use the AfCFTA Dispute Settlement Mechanism?

01 Jul 22  Blog
The African Continental Free Trade Area (AfCFTA) Agreement contains a detailed dispute settlement Protocol.[1] It is modelled on the Dispute Settlement Understanding (DSU) of the W...
“But how do they settle their trade disputes if they never litigate against each other?”

“But how do they settle their trade disputes if they never litigate against each other?”

10 Feb 22  Blog
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...
What if? Another footnote to the demise of the SADC Tribunal: Henred Fruehauf Zambia Limited v Zambia Revenue Authority

What if? Another footnote to the demise of the SADC Tribunal: Henred Fruehauf Zambia Limited v Zambia Revenue Authority

01 Feb 22  Blog
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...
REC Courts and the AfCFTA

REC Courts and the AfCFTA

24 Jan 22  Blog
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...
Dispute Settlement as a Trade Policy Choice

Dispute Settlement as a Trade Policy Choice

06 Oct 21  Publications
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...
The AfCFTA Dispute Settlement Mechanism as part of a continental Trade Regime

The AfCFTA Dispute Settlement Mechanism as part of a continental Trade Regime

05 Oct 21  Blog
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 Institutions of the Dispute Settlement Mechanism of the AfCFTA

The Institutions of the Dispute Settlement Mechanism of the AfCFTA

05 Oct 21  Blog
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...
How will Disputes be resolved under the AfCFTA Dispute Settlement Protocol?

How will Disputes be resolved under the AfCFTA Dispute Settlement Protocol?

05 Oct 21  Publications
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...
How will Rulings regarding AfCFTA Disputes be implemented?

How will Rulings regarding AfCFTA Disputes be implemented?

05 Oct 21  Blog
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...
Trade remedies and trade disputes: the case of the US-EU large aircraft dispute, and how these disputes can present opportunities for South Africa’s wine exports to the United States

Trade remedies and trade disputes: the case of the US-EU large aircraft dispute, and how these disputes can present opportunities for South Africa’s wine exports to the United States

30 Apr 21  Publications
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 ...
Trade remedies and trade disputes: the case of the US-EU large aircraft dispute, and how these disputes can offer opportunities for South Africa’s wine exports to the United States

Trade remedies and trade disputes: the case of the US-EU large aircraft dispute, and how these disputes can offer opportunities for South Africa’s wine exports to the United States

26 Apr 21  Blog
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 can offer export opportunities to unrelated parties: the case of the US-EU large aircraft dispute and opportunities for South Africa’s wine exports to the US

Trade remedies can offer export opportunities to unrelated parties: the case of the US-EU large aircraft dispute and opportunities for South Africa’s wine exports to the US

19 Apr 21  Publications
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 ...
tralac Daily News

tralac Daily News

25 Feb 21  News
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...
Non-tariff barriers and related dispute resolution: Is the East African Community all hat and no cattle?

Non-tariff barriers and related dispute resolution: Is the East African Community all hat and no cattle?

25 Jan 21  Blog
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...
2020: Review of ITAC Investigations and COVID-19 Related Measures

2020: Review of ITAC Investigations and COVID-19 Related Measures

21 Dec 20  Publications
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 ...
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 ...

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