Topics publications: Trade law and regulation
Trade Reports
Africa’s Trade in Wildlife Commodities – data, regulation and sustainability challenges
Wildlife trade involves the buying, selling, or bartering of wildlife and wildlife products, which can be done for commercial, subsistence, or cultural purposes. Wildlife trade can be legal or illegal. Legal wildlife trade can be sustainable when conducted responsibly (i.e. adhering to regulations, zero tolerance to corrupt practices and avoiding trade in endangered species), while illegal wildlife trade (IWT) is an unregulated and unsustainable practice. It is crucial to recognise that IWT can involve species for which international trade is prohibited and species subject to harvest quotas and permit systems.
The economic significance of African ecosystems is recognised to be undervalued – and there is limited data available on the economic impact of IWT. Africa is one of the largest global exporters of wildlife products, both legally and illegally. Live primates, live insects and animal hides are the most traded legally, while in illegal trade, ivory (from elephants and rhinos) and pangolins are amongst the most traded.
This Trade Report examines the extent of official cross-border trade in African wildlife and focuses specifically on the efforts made by select African countries to combat this trade and promote sustainable wildlife ecosystems and trading practices. The report profiles the wildlife trade flows in Africa, explores important regulatory measures at the global and regional level that African countries have committed to, and highlights some co-management models and experiences in select African countries to showcase sustainability efforts being undertaken.
Trade Reports
The exhaustion of local remedies: The evolving jurisprudence of the COMESA Court of Justice
In August 2023, the Appellate Division of the COMESA Court of Justice delivered an important judgment in two appeals brought by a Mauritian company, Agiliss Limited, against earlier rulings of the Court’s First Instance Division. In the FID, Agiliss based both its references squarely and exclusively on provisions of the COMESA Treaty, especially its trade measures. This is significant because the courts of the African Regional Economic Communities (RECs) are not inundated with regional trade-related cases.
International Trade Explainer: Trade terms and concepts – A tralac guide
International trade has its own terminology. The following is a list of general trade terms as used in international trade agreements concluded by states and as applied in the legal instruments of international organisations dealing with trade between nations.
This list does not include terms used in private contracts concluded by importers, exporters, service providers and investors.
A thematic approach has been followed in preparing this list, which was updated in September 2023.
-
International Trade Agreements
-
Trade in Goods
-
Trade in Services
-
Regional Integration and Preferential Trade Arrangements
-
African Trade Arrangements
-
African economic integration and development initiatives
-
Terminology from other International Arrangements
-
International commercial and related terms
Readers are encouraged to quote and reproduce this material for educational, non-profit purposes, provided the source is acknowledged.
How to exhaust domestic remedies? The Agiliss cases before the COMESA Court of Justice
In this paper, we provide a discussion of the principles which apply when a regional court such as the COMESA Court of Justice (CCJ) has to decide whether the requirement of exhaustion of domestic remedies has been complied with or not. We mention the relevant judgments of the CCJ and emphasise the fact that article 26 of the COMESA Treaty forms part of a regional integration arrangement based on Community Law. We start by recalling how the exhaustion of domestic remedies has developed as part of Public International Law and how this concept has been refined over time. In regional integration arrangements, the right of legal persons to approach regional courts has become an essential feature of the relevant legal regimes.
We argue that the requirement that legal persons must exhaust domestic remedies before they have access to regional courts, must be looked at holistically and in the context of the nature of the legal arrangement in which it appears. In the present instance, this requirement should be interpreted in view of the fact that it forms part of an inter-state regime established for the purpose of deepening economic integration among the Member States through adherence to specific legal obligations and procedures. These obligations appear in the legal instruments concluded by sovereign states. They must respect their obligations, including those adopted for the purpose of granting private parties’ effective access to the relevant regional court in order to protect rights, procedures and rules-based practices recognised in the applicable treaty. When the regional arrangement in question is based on Community Law, as COMESA is, the requirement to exhaust domestic remedies is about more than a mere procedural or jurisdictional prerequisite.
Readers are encouraged to quote and reproduce this material for educational, non-profit purposes, provided the source is acknowledged. All views and opinions expressed remain solely those of the authors and do not purport to reflect the views of