Biennial Conferences

2024: Dar es Salaam, Tanzania

Theme 
A Critical Appraisal of the Implementation of the AfCFTA Agreement and its Protocols
Date: 18-20 July 2024

The African International Economic Law Network (AfIELN) invited submission of abstracts for its 2024 Bridge Conference which took place in Dar es Salaam, Tanzania, from 18 to 20 July 2024.

Conference Programme

Background

At the core of the movement for African integration is the recognition that solidarity and collaboration are crucial to tackling historical injustices and colonial continuities. Embracing Pan-Africanism as embodied in the African Union’s (AU) Agenda 2063 and its African Continental Free Trade Area (AfCFTA) represent a commitment to transcending the artificial borders on the continent to pave the path towards collective socio-economic growth and political stability. The AfCFTA and its Protocols offer ambitious avenues to address the manifold contemporary challenges on the continent with a unified stance.

Six (6) years have passed since AU Member States concluded the Agreement Establishing the AfCFTA. Signed in 2018, the AfCFTA Agreement entered into force on 30 May 2019 together with the Protocol on Trade in Goods, the Protocol on Trade in Services and the Dispute Settlement Protocol. The AfCFTA negotiations are scheduled in two phases with Phase II covering competition policy, intellectual property rights, investment, digital trade/e-commerce and women and youth in trade. As of December 2023, 47 countries have ratified the AfCFTA Agreement. The AfCFTA is a giant step in the direction of establishing the African Economic Community (AEC), which is expected to be in place by 2028.

Five strategic instruments have been adopted to operationalise the AfCFTA Agreement: (i) the Pan African Payment Settlement System (PAPSS), a digital platform to facilitate cross-border payments; (ii) a monitoring mechanism for non-tariff barriers; (iii) the Africa Trade Observatory, a market intelligence tool; (iv) the e-Tariff Book; and (v) the AfCFTA Adjustment Fund to address anticipated short-term revenue losses.

The operational phase of the AfCFTA was launched in July 2019, and trade under the AfCFTA Agreement officially commenced on 1 January 2021. However, only a few State Parties met the requirements to start trading formally. One cardinal requisite to trade in merchandise under the Protocol on Trade in Goods is the submission and certification of State Parties’ agreed schedules of concessions. While the Council of Ministers adopted the Ministerial Directive on the Application of Provisional Schedules of Tariffs Concessions, providing a legal basis for the countries that have submitted their tariff schedules in accordance with the agreed modalities to trade preferentially amongst themselves, trade under the AfCFTA regime is increasingly gaining traction including under the AfCFTA’s Guided Trade Initiative.

The Guided Trade Initiative was launched in October 2022 with a three-pronged objective: (i) to allow commercially meaningful trading under the AfCFTA; (ii) to test the operational, institutional, legal and trade policy environment under the AfCFTA; and (iii) to send an important positive message to the African economic operators. So far, the products earmarked for trade under this initiative include, among others, ceramic tiles, batteries, tea, coffee, processed meat products, corn starch, sugar, pasta, glucose syrup, dried fruits, and sisal fibre. In the area of services, commitments have so far been made in five priority sectors (business, communication, finance, transport, and tourism) while schedules on specific commitments for seven additional sectors (construction, distribution, education, environment, health and social, recreational and cultural and other services) are still under discussion. Like with goods, trade in services cannot start until State Parties have agreed and certified their schedules of specific commitments.

Phase II negotiations cover investment, intellectual property rights, and competition policy. While these three areas were already codified under the AfCFTA Agreements, digital trade, gender, and youth in trade are postscripts that entered the AfCFTA discourse in February 2020 and February 2022, respectively.

Many aspects of the AfCFTA negotiations are still pending, the Agreement contains a revision clause requiring State Parties to review every five (5) years after its entry into force to ensure effectiveness, achieve deeper integration, and adapt to evolving regional and international developments. Beyond support such as the United Nations Economic Commission for Africa’s National Implementation Strategies, the AU dedicated 2023 to the acceleration of the AfCFTA implementation. Bringing together interested stakeholders including academics, law and policy makers, industry professionals, civil society organisations and students, this timely conference is designed to critically assess the progress made under the AfCFTA Phases I and II instruments and deliberate on future steps. In doing so, the conference aims to collate and construct informed positions that effectively bolster the AfCFTA.

Bridge Conference Theme

The theme of the 2024 AFIELN Conference is A Critical Appraisal of the Status and Implementation of the AfCFTA Agreement and Its Protocols.

We invited submissions that critically engaged with conference theme in the following (non-exhaustive) areas:

  • Trade in Goods:
    • Progressive elimination of tariffs and the treatment of non-tariff measures
    • The Guided Trade Initiative
    • The AfCFTA’s non-tariff barriers online reporting, monitoring and eliminating mechanism
    • AfCFTA Rules of Origin (general RoOs, product specific RoOs such as the textile and apparel and the automotive sectors)
    • Special economic zones and infant industries
    • Trade remedy instruments
  • Trade in services (specific commitments, market access, national treatment, mutual recognition, rules on domestic regulation, sector-specific issues, etc.)
  • Intellectual Property Rights (including geographical indications, trade marks, plant variety protection, patents, copyright, industrial designs, intersections with new/emerging technologies, etc)
  • Competition Policy (mergers, anti-competitive practices such as cartels, abuse of dominant positions, abuse of economic dependence, etc.)
  • Investment (substantive provisions, procedural matters and dispute settlement, etc.)
  • Digital Trade (market access of digital products, digital payments and other digital services, right to regulate, data governance issues such as cross-border data flows and data localisation, etc.)
  • Protocol on Women and Youth in Trade
  • National Implementation Strategies
  • Cross-cutting issues (e-Tariff Book, trade facilitation measures, transit trade, informal cross-border trade, sustainability, etc.)
  • Dispute management and settlement (general, special and additional rules and procedures, etc.)

Submission Instructions:

We welcome submissions in English and French. Papers will be selected based on quality, originality, alignment to the theme/sub-themes and their capacity to provoke productive debates. Submissions must include a research abstract (no more than 400 words) and a short biography (no more than 200 words). Selected paper submissions will be published in a Special Issue of the African Journal of International Economic Law while blog posts will be published on Afronomicslaw.org.

Deadline: 26 April 2024. Email: afieln.siel@gmail.com.

Decisions on the acceptance of abstracts will be communicated by 3 May 2024. Selected applicants will be expected to submit their complete paper (not exceeding 7,000 words) by 14 June 2024.

Conference Fees, Costs and Financial Support

All conference participants, and speakers, must plan to cover their own travel, accommodation and conference fees.

AfIELN plans to offer limited scholarships and conference registration waivers to selected speakers, who commit to submitting high quality complete papers by the above deadline.

Those requesting consideration for funding are invited to submit a 300-word motivation letter indicating why they will need financial support, along with their abstract submission and commitment to submitting high quality complete papers by the above paper submission deadline. More information on the conference registration fee will be available on the AfIELN webpage in due course.

Bridge Conference Publication

In line with previous AfIELN events, the Conference Committee plans to publish selected articles after a successful peer review. More information will be provided in due course.

Enquiries: Please submit any enquiries to the Conference Chair, Dr Regis Simo, by email at afieln.siel@gmail.com.

2023: Accra, Ghana.

Theme 
International Economic Law in an Era of Multiple Crises: Opportunities and Challenges for Africa
Date
21 – 24 June 2023

The explosion of protectionist measures, high inflation, huge debt burdens and economic slowdowns continue to have detrimental effects across the world. In the midst of these, the global economy has been experiencing significant geopolitical changes. Although the World Trade Organization (WTO) Members have managed to deliver on two important multilateral agreements since its creation, namely the Trade Facilitation and the Fisheries Subsidies Agreements, negotiations under the Doha Development Round have stalled. In addition to the stalemate, there is a rise of protectionism alongside the purported invocation of national security exceptions to justify them. Trade wars are erupting between the countries that designed the post-second World War global order, coupled with what looks like an irremediable crisis in the WTO dispute settlement system. These events are constant reminders of the gravity of the threat to multilateralism. That the WTO is facing its worst existential crisis is, therefore, not an exaggeration.

As the world continues its struggle to recover from the coronavirus pandemic (Covid-19), the war between Russia and Ukraine added another dimension to an already tense situation. Changes to the global order due to the war in Ukraine have also put Africa in the geopolitical spotlight as a new arena for the struggle between the United States, European countries, and Asian states. As African countries persistently refuse to pick a side in these ongoing military and economic conflicts, the world may be entering a new geoeconomics order.

The creation of the WTO once reaffirmed the choice in favour of multilateral trade liberalization. However, regional/preferential trade agreements have proliferated in the face of the WTO’s actual and perceived difficulties in adapting to a changing global trade environment. Responding to and revealing this changing global trade environment, African countries concluded the Agreement establishing the African Continental Free Trade Area (AfCFTA) in 2018. The AfCFTA Agreement entered into force in 2019 and the implementation phase started with an official start of trading on 1 January 2021. Trade is, therefore, bound to take place under its auspices between State Parties to the Agreement that have deposited their instruments of ratification.

More complex yet, despite the official start of the trading date, some challenges remain to be addressed before the AfCFTA can realize its full potential. These include, for example, completing negotiations on rules of origin, tariff concessions for trade in goods and schedules of specific commitments in services. In the meantime, AfCFTA State Parties have signed trade and investment agreements with third states, and other negotiations are under consideration. The impacts of these “side deals” on the implementation of the AfCFTA are yet to be seen. However, their consistency in consolidating intra-African trade and investment has generated a vigorous debate splitting African countries into different camps. In the meantime, a broad range of efforts to reform the international investment regime has raised similar questions – will these reforms rectify or retrench Africa’s marginal position in the global economy?

The conference covers the following (non-exhaustive) areas:

  • Regional Integration through the AfCFTA Agreement: Phase 1 and 2 instruments.
  • Bilateral and Regional Trade/Investment/Economic Partnership Agreements in Africa.
  • International Trade Law and the WTO.
  • Sovereign Debt.
  • Monetary, Financial and Tax Law.
  • Creative Industries.
  • Intellectual Property Law.
  • Global Health and Public Policy.
  • Trade and Gender.
  • Sustainable Development Goals.
  • Human Rights and International Economic Law.
  • Agriculture, Food Sovereignty and Food Security.
  • Extractive Industries, Environment, Energy and Climate Change.
  • International Arbitration and Investor-State Proceedings.
  • Artificial Intelligence, Blockchains, Cryptocurrencies, Digital Transactions and Emerging Technologies.
  • Emerging Issues in Terrorism, Cyber-terrorism and Piracy.
  • Emerging Issues in Private International Law and International Economic Law.
  • Role of Civil Society and Other Non-State Actors in law and policy making.
  • African Approaches to Global Economic Governance: Multilateralism, Regionalization, Third World Approaches to International Law (TWAIL), etc.
  • New Constitutionalism, International Economic Agreements Enforcement Processes and the Jurisprudence of the Regional Economic Courts.
  • Legal Education, Pedagogy and International Economic Law.

2019: Virtual

Theme

African International Economic Law Network Virtual Colloquium 2021
COVID-19 and International Economic Law: Africa’s Experiences and Responses. 
Date:
23 – 24 July 2021

This virtual colloquium replaces the AfIELN Biennial Conference. Precipitated by the COVID-19 pandemic, the world is adapting to living and working in an online  environment and making the best use of the technological developments that have been taking place over the years. AfIELN has therefore taken this opportunity to continue its work on improving Africa’s position in the global economy through critical discussions on International Economic Law, albeit virtually.

In light of the present situation, this year’s theme tackles the pandemic and its effect on trade, national and global economies, health systems and International Economic Law. It capitalises on how the world, and Africa specifically, has had to change tact in order to cope with the economic, political and social impacts of COVID-19. The Colloquium therefore examines Africa’s response to the pandemic, in particular, those relating to international economic law along the following sub-themes:

The conference covers following (non-exhaustive) areas

  • COVID-19 and African regional integration
  • Emerging trends in trade and investment agreements
  • Sovereign Debt
  • COVID 19, innovation and intellectual property
  • COVID-19 and the rise of the digital economy
  • COVID 19 and public health responses: what can the world learn from Africa?
  • Agriculture, food sovereignty and food security

2019: Nairobi, Kenya 

Fourth African International Economic Law Network Biennial Conference.
Theme
Africa’s Participation in International Economic Law in the 21st Century.
Date 18 – 20 JULY 2019

The conference covers following (non-exhaustive) areas

  • Regional and Continental Integration through the AfCFTA Agreement: Tariff and Non-Tariff Barriers to Trade in Goods; Movement of Natural Persons; Trade in Services; Dispute Settlement.
  • African Approaches to Global Economic Governance: Multilateralism; Regionalisation.
  • The Pan-African Investment Code and Investment Facilitation in Africa: The Fragmentation of African Investment Law Landscape; Harmonisation of Regional Investment Agreements; The African Perspective to the Shaping of International Investment Law – or ‘Africanization’ of International Investment Law; IntraAfrican Cross-Border Investment Facilitation.
  • Africa and the WTO: Accession; Trade in Goods and Services; Dispute Settlement System; Trade Policy Review Mechanisms; Trade Facilitation; Trade Remedies; Special and Differential Treatment.
  • Monetary, Financial and Tax Law: Comparative Regional Approaches.
  • Human Rights, Extractive Industry and Corporations: African Realities, Interests, Priorities and Concerns.
  • New Developments in Private International Law and IEL in Africa.
  • Emerging Issues on Terrorism, Cyber-terrorism, Piracy in Africa vis-à-vis IEL.
  • Africa, IEL, and the Sustainable Development Goals (SDGs.
  • International Intellectual Property Law and Africa.
  • Women and Gender in International Economic Law.
  • The Environment Climate Change and Africa: Connecting Law and Science in IEL.
  • Bilateral and Regional Trade Agreements and Cooperation in Africa 3.
  • Civil Society and Other Non-State Actors, focusing on how these actors interact with laws and institutions at domestic, regional and sub-regional levels.
  • Agriculture, Food Sovereignty and Food Security .
  • New Constitutionalism, International Economic Agreements Enforcement Processes and the Jurisprudence of the Regional Economic Courts.
  • Public Policy, Global Health and other disciplines relating to IEL.
  • Legal Education and International Economic Law China and Africa.

2015: Lagos, Nigeria

Third African International Economic Law Network Biennial Conference and Prince Claus Chair Roundtable on Development and Equity in Africa.
Theme
The Role of International Economic Law in African Development.
Date
29 – 30 APRIL 2015.

The Third Biennial Conference was aimed at expanding the scope of research on the balance between the actual  economic and development realities of African States and the legal paradigm under which African States operate. This was based on the urgency for Africa as a bloc to position itself to play a more prominent role in the global economic order through increasing intellectual expertise from within the continent. The conference was attended by scholars, researchers, academics and policy makers from Africa and beyond, with interests in Africa’s development at every level.

The conference was characterised by multidisciplinary research in examining Africa’s current and future economic growth challenges. Additionally, a High-Level Roundtable on ‘The Right to Development in Africa’ was held, in collaboration with the PCC, featuring leading scholars and practitioners in the field. The deliberations were organised within the following areas:

  • Trade in Goods.
  • Trade in Services.
  • Foreign investment.
  • International finance and monetary. policy
  • Intellectual property rights and technology acquisition.
  • Energy development.
  • African economic integration in the context of regional economic communities.
  • Multilateral economic organization.
  • Trade Facilitation.
  • The threat of terrorism to African economic development.
  • Sustainable development Goals and Post-2015 Agenda.
  • The green economy and the impact of climate change on African economies.
  • The gap between the regulatory framework and the implementation of international trade rules in Africa.
  • New research, methodologies or innovations in the teaching of International Economic Law in African Universities.
2013: Johannesburg, South Africa

Second African International Economic Law Network Biennial Conference.
Theme 
Trade Governance: Integrating Africa into the World Economy through International Economic Law.
Date 
7 – 8 MARCH 2013.

This conference explored the basis of Africa’s place in the global economy, in an effort to question why most African countries are not able to enjoy the benefits of international economic law, whose main  objective is to make people live better through open and fair markets and deeper integration into the world economy. Invited academics, intergovernmental organisations, governments, policy makers, economists, private sector and NGOs came together to discuss the ways in which African states’ economies can be integrated within Africa, and into the world.

The role of these stakeholders in advancing Africa’s integration goals was also highlighted. Also on the table for discussion was the mechanisms with which other regions such as Latin America and Asia, which were once isolated, became integrated into the world economy, as well as the potential lessons for Africa drawing from these experiences.

The key question that arose was: ‘How do we insert Africa into the global economy on the key issues, that is, what are the key issues that need to be addressed for Africa’s development?’ In addressing this question, the role of intergovernmental organisations, states, private sector and NGOs in integrating Africa was considered within the following sub-themes

  • Trade in goods and agriculture.
  • Trade in services.
  • Foreign investment.
  • International finance and monetary policy.
  • Governance.
  • Competition law and policy.
  • Intellectual property rights and technology acquisition.
  • Infrastructure development and economic integration (especially transportation and energy).
  • Dispute settlement.
  • Multilateral economic governance and African economic integration.

Inaugural Conference.
Theme
Africa and the Global Economy: Trade, Investment and Development.
Date
5 – 6 May 2011.

The first African International Economic Law Network (AfIELN) Conference was held at the Mandela Institute at the University of the Witwatersrand in  Johannesburg on 5 – 6 May 2011. Twelve African countries were represented through academics, experts and practitioners of International Trade Law. 

The central theme of the conference ‘Africa and the Global Economy: Trade, Investment and development’ attracted several participants who presented high quality papers over the two days.
The topics discussed covered:

  • African regional trade agreements.
  • African participation at the WTO.
  • Dispute resolution in international trade law including the recent the recent difficulties encountered at the SADC Tribunal.
  • Africa-South investment relations.
  • Economic integration in Africa.
  • Business and regulatory issues in Africa.
  • Trade Remedies available to business, and The need for increased education on international economic law.

2023: Accra, Ghana.