Digital Economy

Taxing the digital economy has been on the international tax agenda for almost 30 years, revolving about how to tax an industry increasingly based on intangibles, scale effect, and market reach without a physical presence. But following Crawford and Joler’s concept of extractivism (2020; 2021), the digital economy is not only about BATX or GAFAM, but also about material resources, human labor, and data. The article analyses those long-forgotten elements of the Digital Economy’s true value chain, and, as the most recent two-pillar-based reform of the Inclusive Framework does actively exclude them, how those elements could be considered in the reform process.

We invite you to join a global team that currently works on more than 400 operations for a total value of USD 75 billion, and produces world-class research and knowledge focused on achieving sustainable infrastructure solutions that build better lives in developing and emerging economies.

This Call for Papers and workshop, hosted by the Competence Center for African Research (CCAR), University of St.Gallen jointly with the Afronomicslaw.org, seeks to examine the ongoing effort towards digital transformation, and particularly E-Commerce.

October 22, 2021

Africa & International Trade Law

Friday to Saturday, 29-30 October 2021

 Virtual Conference 

To register, click here

Using the question of justice in the digital space to assess current liability regimes, we interrogate the conventional liability regime based on liberal political theory, identify its shortcomings for dealing with the questions of justice raised by the digital space, and propose an alternative to address the identified shortcomings through an alternate perspective of responsibility inspired by the African ethics of duty. This perspective can contribute to the improvement of access to justice and re-center the African ethics of duty in the conversation around quest for justice.

Knowledge is the base upon which anyone state can conceivably articulate its unique advantage (and distinction) within the global market. Development within this knowledge-led domain will require a wholesale ideological rethink — a redefinition of the Global South, no longer the site of economic dereliction purposed of (raw) material extraction by the Global North but, rather, as the location of knowledge for the use of African and Caribbean knowledge-industry market ambition. The importance of knowledge and digital (technology) as drivers for economic development not only canonizes knowledge as the most crucial comparative advantage in any one state’s economic toolkit but also telegraphs the path of (state) evolution African and Caribbean states must take in individual or partnered initiative. Put simply; knowledge is directly proportional to economic power, which, if left to systemic tailwinds and the unevolved state organism, will continue to remain the remit of those within the knowledge and digital imperium.

It is apparent that the issue of private creditors in relation to African sovereign debt is a ticking timing bomb in Africa. Africa, though rich in minerals, has slow economic growth and a serious debt problem. There is thus a need for a harmonised legal framework that deals with the issue of sovereign debt, set a limit on debt levels, and outlines how debt restructuring should occur. Africa cannot afford to wait for the active buy-in of other multilateral players in order to develop this legal framework; Africa needs to drive this initiative. In addition, both players—being African countries and private creditors—must take responsibility to avoid reckless lending. This can also be addressed in a much-needed comprehensive legal framework.

This blog piece is a reflection on the core arguments from this conference. Notably, Prof. Arewa explored the broader relationship between Africa and international law governance. Within this general theme, Prof. Arewa discussed the link between copy-and-paste laws, the relationship between internal and external legal perspectives, the importance of measurement systems, the lack of understanding of our legal systems, and Africa's place in the COVID-19 vaccine struggle. This piece will evaluate Prof. Arewa and other speakers' thoughts on how COVID-19 brought Africa's broader problems into light, as well as the measures that could be taken to pivot for effective African solutions. This piece will specifically outline the speakers' views on the place and benefits of regional integration and the emerging digital economy's benefits to Africa. Finally, the piece will conclude by drawing the recommendations made as a way forward for Africa.

August 22, 2021

In association with the Southern African Public Law Journal (SAPL), the Public Law Corner (PLC) is a contemporary space for legal practitioners, students, academics, and people beyond the legal sector to engage with relevant and current legal issues related to public law. Our main aim is to amplify all voices and issues in public law that are often excluded from formal publications.