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The Appellate Body Crisis: Consent within the Dispute Settlement Body of the World Trade Organisation
No full textInternational Investment Agreements and Regulation of Utilisation of Water Resources in Africa
No full textAfrican constitutions and domestic water legislation provide for the human right to clean and safe drinking water. This right is also sourced from international human rights treaties and declarations to which African states are parties or signatories. Both municipal law and public international law impose the duties of protection and fulfilment of the right to safe drinking water on states. Domestic water laws and regulations require African states to regulate and manage the utilisation of water resources including by approving the grant of rights, concessions, or contracts in respect of the exploitation of water resources. These laws also require the states to regulate the activities of third parties such as businesses to prevent the pollution of drinking water. Key aspects of the implementation and enforcement of water laws and regulations include the grant, suspension, withdrawal, and revocation of permits. The question I address in this article is how the exercise of these powers might conflict with African states’ investment treaty obligations, including fair and equitable treatment, full protection and security and expropriation. Foreign investment in Africa is largely dominated by multinational business entities (MBEs) operating in the extractive industry. Private sector investment in water provision is also growing. I argue that by concluding investment treaties and agreeing to absolute standards of investment protection, African states have effectively constrained their regulatory authority to implement and enforce water laws and regulations against MBEs. Foreign investors may use investment treaties to challenge regulatory actions that adversely impact on covered investments
Turf Wars and Red Herrings: Recent American Legislations and their Impact on Global EVs and Semiconductors Trade
No full textIn 2022, the United States began a new journey dedicated to revitalizing its long-lost industrial potential through the Inflation Reduction and CHIPS Acts. While appearing to be classic industrial policies aimed at boosting manufacturing potential in concerned areas, the Acts also mark an attempt at shifting global supply chains to the advantage of the United States. The seemingly innocuous titles of these legislations point towards combating inflation and producing microchips. However, the Acts mask the US’ attempts at shifting critical supplies to domestic or allied territories and must be approached with caution. The Acts contain measures that may attract some WTO disciplines as well as geopolitical tussles. In addition, the efficacy of these Acts can be called into question if viewed in the context of resource scarcity in the US. The article focuses on the potential WTO inconsistencies in the Acts and places it in the context of the state of multilateralism in global trade. The article also attempts to Assess these legislations in terms of their impact on global supply chains
