Tag: Dispute settlement - tralac trade law centre

The South African Constitutional Court annuls decision on SADC Tribunal: What are the Implications?

04 Mar 19 Publications

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...

tralac’s Daily News Selection

01 Mar 19 News

Featured tweet, infographic, @fadyhocheimy: So I sent DHL from Gambia to Senegal and this is how it traveled to get there. There is a direct 25 min flight almost daily between Gamb...

Investor-state dispute settlement in Africa and the AfCFTA Investment Protocol

11 Dec 18 Blog

African countries have frequently appeared as respondents before international arbitration tribunals for violating their investment treaty obligations, mostly provisions on expropr...

WTO reform: EU proposes way forward on the functioning of the Appellate Body

26 Nov 18 News

Today, the European Union (EU) together with other members of the World Trade Organisation (WTO) – Australia, Canada, China, Iceland, India, Korea, Mexico, New Zealand, Norway, S...

tralac’s Daily News Selection

21 Nov 18 News

The WTO’s Dispute Settlement Body meets today: selected updates India asks WTO to set up panel against US for imposing higher duties on steel, aluminium. China, the EU, Mexi...

Assuring Continuation of Effective WTO Dispute Settlement

18 Nov 18 Blog

Until the past few years, for many there was widespread complacency over the existence and state of the liberal world trading system. If progress was needed that could not be achie...

The Settlement of Trade Disputes: Where do we stand and what can be done?

18 Nov 18 Blog

The crisis in the dispute settlement arrangement of the World Trade Organization (WTO) has a paralysing effect on the multilateral trade system. While the workload of the Dispute S...

National interests delay EAC Customs Union, even as technology kicks in

09 Oct 18 News

Fourteen years since East Africa’s Customs Union became operational, the East African Community (EAC) has thrice postponed the date of its full implementation. The region was ex...

South African Poultry Association files an Application for setting aside AGOA

01 Oct 18 Blog

How do private parties involved in intra-African trade protect their rights and interests which may flow from the application of trade agreements? They do not, as a rule, enjoy sta...

The Crisis in WTO Dispute Settlement

01 Oct 18 Blog

The effective functioning of the dispute settlement system of the WTO is essential for rules-based multilateral trade. It provides certainty and predictability and prevents power-b...

The Dispute Settlement Mechanism under the African Continental Free Trade Area

01 Oct 18 Blog

African Governments do not litigate against each other in trade matters. Will it be different under the African Continental Free Trade Area? We do not know. What we do know is that...

Dispute settlement in the East African Community (EAC)

01 Oct 18 Blog

The EAC is a regional intergovernmental organisation of Burundi, Kenya, Rwanda, South Sudan, Tanzania, and Uganda. The EAC, among other things, aims to widen and deepen cooperation...

Alternative Dispute Settlement Procedures for Trade-related Disputes in Africa

01 Oct 18 Blog

African State are not active users of the Dispute Settlement Understanding (DSU) of the World Trade Organization (WTO). The explanations point to Africa’s small share of global t...

Investment dispute resolution under the Amended Annex 1 of the SADC FIP

01 Oct 18 Blog

Effective dispute resolution is important for foreign investors. It guarantees legal certainty and predictability in markets and provides remedies when rights are violated. The res...

MTN vs. Nigeria: on the perils of investment in Nigeria, or the arrogance of South African multinationals?

01 Oct 18 Blog

In late August this year, MTN was ordered by the Central Bank of Nigeria (CBN) to return around US$8.1 billion alleged to have been illegally repatriated (to its South African pare...

The Settlement of Disputes under the SADC EPA

31 Jul 18 Blog

African states are not known for instituting formal dispute settlement proceedings about the violation of trade agreements. They never do so amongst themselves and very seldom vis-...

SADC EPA Trade Defense Mechanisms

31 Jul 18 Blog

The Economic Partnership Agreement (EPA) between the European Union and the Southern African Development Community (SADC) EPA Group[1] is a WTO compatible Free Trade Agreement (FTA...

DG Azevêdo: Now is the time to speak up for trade and the trading system

25 Jul 18 News

At a meeting of the full WTO membership held yesterday, Director-General Roberto Azevêdo outlined the economic and systemic threats posed by the growing tensions in global trade a...

Dispute Settlement under the AfCFTA

11 Jun 18 Publications

Formal dispute settlement has not been a feature of intra-African trade. African Governments simply do not litigate against each other. This may be a consequence of many factors: a...

EAC chief justices pledge faster trade dispute resolution

14 May 18 News

Chief justices from the East African Community have resolved to speed up cases involving trade disputes in order to support the regional process. The judicial bosses from Kenya, U...