Analysis

The Analysis Section of Afronomicslaw.org publishes two types of content on issues of international economic law and public international law, and related subject matter, relating to Africa and the Global South. First, individual blog submissions which readers are encouraged to submit for consideration. Second, feature symposia, on discrete themes and book reviews that fall within the scope of the subject matter focus of Afronomicslaw.org. 

Diamonds are forever: law, conflict theories, and natural resource governance in Africa

Over the past few decades, the term ‘resource curse’ has entered the policy domain and has been used to describe how countries in Africa, and the Global South more generally, which are endowed with natural wealth, are unable to develop and cannot avoid declining into violent conflict. In the collective imaginary, wars in different African countries, such as Angola, Sierra Leone, Ivory Coast, and Liberia have been associated with brutal conflict waged by rebels driven by the lust for 'blood diamonds.'

Development, Climate and Economic Policy: The Need for Narrative Shift

Development, particularly in developing countries, in the current context requires thinking about how multiple global crises are interlinked, their impact on development prospects, and the narrative framing needed to generate positive and progressive systemic policy change.

Free Trade Agreements and Global Labour Governance – The European Union’s Trade-Labour Linkage in a Value Chain World

Exploring the contentious relationship between trade and labour, my recently published co-authored book looks at the impact of the EU’s ‘new generation’ Free Trade Agreements (FTAs) on workers. Drawing upon extensive original research, which includes over 200 interviews with key actors across the EU and its trading partners, the book considers the effectiveness of the trade-labour linkage in an era of global value chains (GVCs).

Beyond GVCs as clockworks: The constitutive role of law, power and the way(s) ahead

Global Value Chains (GVCs) are the main form of contemporary transnational capitalism. They are complex legal and financial structures that challenge traditional international-national and public-private dichotomies. They shape and define the speed of work and extraction, build bridges, raise walls, and transform lives and nature in each place where they touch base around the globe. Covid-19, a biological shock that has triggered a legal and economic reconsideration of global markets, has revealed the ecological backbone of value chains and highlighted the need to rethink the premises of competitiveness and cheapness around which they are imagined.

Accountability within GVCs as part of post COVID-19 transformative agenda

Global value chains (GVCs), as a dominant form of capitalism today, have been a vehicle for entrenching the concentration of economic resources and power in the hands of multinational corporations. While COVID-19 compounded health and economic crisis, reports emerged that suppliers in the garment industry value chains have been facing mounting challenges as a result of unreasonable demands from big clients, mainly corporations in the United States and the United Kingdom.

South Sudan Faced with Debt Restructuring Dispute at ICSID

South Sudan - Africa’s latest independent country – is facing its second ICSID claim brought by Qatar National Bank, a Qatari State-owned entity (“SOE”). It was reported that the dispute is related to default by the BSS (which is the Central Bank of South Sudan) on the payment of a US$ 700 million loan it borrowed during the civil war.

Commodity Dependency, GVC development and Industrial Policy in Sub-Saharan Africa

The brief discussions in this blog post highlight critical aspects of the contemporary dynamics of commodity dependence that challenge the optimism of the GVCD approach as espoused by multilateral development agencies and the WTO. Moreover, it raises further questions on the political economy of commodity dependency and industrial policy in SSA that deserve attention.

The Time and Gender of GVCs: 3 Critical Points on the GVC & Development Report 2019

In this short commentary I briefly raise three critical points against the assumptions at the basis of this report. I discuss the temporality of employment in GVCs; the gendered construction of skills and employment disadvantage; and the need to move the debate from individual wages to social wages in order to truly assess the ‘reproductive’ - or more simply, livelihood - implications of GVCs employment on labouring classes.

The Law of Global Value Chains as Transmission Nodes for Global Inequality

The COVID-19 pandemic has exposed the weaknesses of the current patterns of production and consumption, exemplified by GVCs and the global trade and investment order in which they operate. These fragilities have resulted in the aforementioned social, economic and financial crises but what they represent most of all, is a crisis of responsibility in which powerful actors, state and private, that have been the main beneficiaries of GVCs, have failed to discharge their ethical and normative obligations to those most vulnerable within their production and supply chains. To this end, a new approach is sorely needed to address the vulnerabilities of a global economy built on fragile GVC governance that serves as new nodes of global inequality and precarity.

Egypt Faced with Second Water Management ICSID claim

Egypt is facing its second dispute related to its water management sector. The claimant - Gesenu SPA (where the municipality of Perugia, owns 45% of the shares) filed a request for arbitration on 30 October 2020. The Claimant invoked the 1989 Egypt-Italy Bilateral Investment Treaty, one of the 115 BITs signed by Egypt. The Egypt-Italy BIT instrument was notably invoked twice in the ASA and Waghui ICSID cases.