World Trade Organization

With the purpose to bring together scholars and scholarship that highlights original and innovative thinking in IEL as it pertains to the African continent, the idea was to follow up with the existing tradition that consists in engaging with new scholarship and research on the continent’s contributions to, and involvement with IEL. This task proved at the same time challenging and quite rewarding. The call attracted responses of high calibres as reflected by the quality and quantity of abstracts received, as well as the global representation of the submissions.

The objective of the African International Economic Law Network (AfIELN) is “to serve as a forum for the research, study and exchange of ideas in the field of international economic law in Africa and beyond”. Established in 2008, the AfIELN (initially AfSIEL) is now in its 11th year, although it was not until 2011 when it had its first conference in South Africa. It was then that the name AfIELN was formally adopted.

While international trade has undergone significant structural changes recently, particularly with the proliferation of new generation of free trade agreements (FTAs), the debate on the consequences of IIAs for sustainable development continues to widen and intensify. In effect, while there has been fundamental changes in the international investment landscape in terms of players (now comprising state-owned enterprises and sovereign wealth funds) and FDI direction (with emerging economies now being, not only recipients, but increasingly home states), governments are also now adopting industrial policies and development strategies that contrast with their erstwhile hands-off approach to economic development.

In my view variable geometry is likely to further slow down the implementation of the AfCFTA because it is a way to accommodate less advantageous countries or countries unwilling to move as fast as others.  Even if variable geometry is the only way to move forward in trade agreements of the 21th century as some have argued, it makes trade liberalization more complicated and slows down integration initiatives. More detailed research on variable geometry from an African perspective needs to be undertaken because the continent cannot afford the potential failure of the AfCFTA.

Last week Saturday was the zenith of the 17thEdition of the John Jackson Moot Court Competition on WTO Law. The Competition, which is a simulated hearing of the WTO panel process, brought together 90 teams which competed in 5 regional rounds across the globe.

Although the restructuring of the existing legal framework is unavoidable, the solution must be carefully sought in a conducive, fair and equitable manner to ensure the needs and interest of the marginalised communities should be considered. It is possible that this approach may provoke controversy, but it is vital ensuring uniform and equitable legal framework that address the need and interest of the marginalised communities to find a balance in the system.

There is a feeling that the next decade will be a watershed period in terms of the economic relations between the EU and Africa. Both continents are experiencing sweeping developments that will invariably affect their respective existence and mutual relationships. In Africa, the largest preferential trade area, the African Continental Free Trade Area (AfCFTA), has recently been ratified while in Europe, the EU is navigating the challenges of Brexit. All this is taking place in the backdrop of negotiations between the two blocs to replace the Cotonou Agreement which has since 2000 served as the bedrock of economic relations between the EU and ACP states. How, then, will the Africa-EU relationship be impacted – if at all – by the implementation of AfCFTA?

“Not acceptable at this level”, a professor commented on one of my exam questions that asked students to “[d]escribe the salient features of the Southern African Customs Union (SACU).” This happened in 2017 at the University of Namibia (UNAM) where, until last year, I taught the International Economic Law module, a module pitched at the level of a bachelor honors degree. The professor – an academic from a leading South African university hired to moderate examination papers from UNAM’s Faculty of Law – recommended that I tweak my question as follows: “Discuss the validity of the Southern African Customs Union in the WTO framework”.

My teaching style is as conversational as possible: while providing an introduction through lecture style, class generally turns into a hybrid between lecture and debate between myself and the students, but also among the students. I regularly divided students up into groups with specific tasks (such as taking on particular viewpoints or positions within negotiations), which they had to develop among themselves and then present arguments to the group as a whole.