Tag: Dispute settlement
Alternative Dispute Settlement Procedures for Trade-related Disputes in Africa
01 Oct 18 BlogAfrican 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 BlogEffective 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 BlogIn 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...
SADC EPA Trade Defense Mechanisms
31 Jul 18 BlogThe 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...
The Settlement of Disputes under the SADC EPA
31 Jul 18 BlogAfrican 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-...
DG Azevêdo: Now is the time to speak up for trade and the trading system
25 Jul 18 NewsAt 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 PublicationsFormal 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 NewsChief 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...
Court dismisses appeal over EAC partner states signing EPA dispute
19 Feb 18 NewsThe Appellate Division dismissed an Appeal filed by one Castro Pius from the United Republic of Tanzania, whose application seeking an injunction to stop the Partner States which h...
The Court Ruling on the Elections in Kenya: A Precedent for inter-State Disputes?
14 Sep 17 DiscussionGerhard Erasmus, tralac Associate, comments on the ruling by Kenya’s Supreme Court to overturn the re-election of President Uhuru Kenyatta, citing irregularities in the national ...
Ban on Dar’s products in Nairobi sparks trade, diplomatic dispute
04 Jul 17 NewsPresidents John Magufuli and Uhuru Kenyatta have stepped in to stem an escalating trade war that has seen Tanzania and Kenya exchange import bans on several commodities.
The EastA...
More Trade Disputes in 2017? Starting with Measures Against EU Chickens
18 Jan 17 PublicationsAfrican governments do not believe in adjudication as a means for settling trade disputes. This is unfortunate. A final and binding ruling clears the air, removes uncertainty about...
Trade law and regulation
04 Jan 17 ThemesThe development of rules-based governance for regional trade and integration in Africa has become an important focus area for tralac. Trade agreements, accompanied by the necessary...
Kenya denies Somalia’s claim on maritime boundary dispute
23 Sep 16 News
Kenya has rebutted Somalia’s claim that negotiations to resolve the maritime boundary dispute between the two had been exhausted before it moved to the International Court of J...
How can the Beitbridge Dispute be resolved?
11 Aug 16 DiscussionGerhard Erasmus, tralac Associate, discusses the prospects for a resolution to the ongoing dispute between South Africa and Zimbabwe over Harare’s latest import restrictions
In ...
South Africa keeps U.S. duty-free access after trade dispute
15 Mar 16 NewsSouth Africa will retain preferential access for its farming goods to the world’s biggest market after meeting benchmarks set by President Barack Obama to allow the import and sa...
Alternative dispute resolution mechanism should be made accessible to all
18 Feb 16 NewsThe Acting Deputy Director-General of Consumer and Corporate Regulation at the Department of Trade and Industry (the dti), Mr MacDonald Netshitenzhe says Alternative Dispute Resolu...
New Generation Disputes in African Regional Integration: What are the Reasons and the Implications?
27 Nov 15 PublicationsRegional Economic Communities (RECs) are the building blocks and the main engines behind the arrangements designed to promote regional integration and cross-border commerce in Afri...
Investor-State Dispute Settlement: Review of Developments in 2014
17 Jul 15 NewsStatistical update (as of end 2014)
In 2014, investors initiated 42 known ISDS cases pursuant to international investment agreements (IIAs). This is lower than the record high num...
The Polytol judgment of the COMESA Court of Justice: Implications for rules-based regional integration
01 Jul 15 PublicationsThe judgment by the First Instance Division of the COMESA Court of Justice in Polytol Paints & Adhesives Manufacturers Co. Ltd (Applicant) versus The Republic of Mauritius...