Investment Policy Options for Facing COVID-19 Related ISDS Claims
By Daniel Uribe and Danish
Developing and least developed countries have undertaken a number of measures to fight against the multidimensional impacts of the COVID-19 pandemic. Such measures and those that may be adopted in the context of the recovery efforts are, however, susceptible to challenges by foreign investors using investor-State dispute settlement mechanisms.
This policy brief first considers the kinds of measures States have adopted to limit the spread of COVID-19, protect their strategic sectors and promote economic recovery, including through foreign investment aftercare and retention. It then addresses how the investor-State dispute settlement system (ISDS) has been used by investors in times of crises, based on the analysis of the awards in several cases brought against both developed and developing countries.
Against this backdrop, the brief elaborates on the different options and initiatives States can take for preventing ISDS claims at the national, bilateral, regional and multilateral levels. It concludes with some policy advice for developing and least developed countries to face possible COVID-19 related ISDS claims in the future.
Webinar Series: Powering Africa after Covid-19: Options for Energy
Webinar 1: Carbon Trading: Panacea or Placebo for Africa’s Energy and Climate Policies?
Building on the first webinar series that took place in July 2020, this next series will focus on identifying the various energy and development options that are present for African policymakers, drawing on the policy
and technical expertise of African and international experts and policymakers.
The first webinar “Carbon Trading: Panacea or Placebo for Africa’s Energy and Climate Policies?” will investigate various perspectives about the potential use of carbon pricing and carbon trading mechanisms in Africa as part of its energy, climate and development policy mix. Experts from Africa and around the world will be invited to look into the challenges and opportunities that carbon pricing and carbon trading policies may have for Africa, drawing on previous experiences with respect to REDD+, the Kyoto Protocol’s Clean Development Mechanism, and other experiences, and on on-going policy discussions with respect to Article 6 of the Paris Agreement. Invited speakers for this webinar will be from the African Development Bank, African climate change policy implementors and civil society, and European and Chinese experts in their respective carbon trading regimes.
Webinar Series: Energy for sustainable development in Africa in the post-COVID19 world – looking for the New Normal
Webinar 2: Sustainable Energy for Africa: transition through growth. How to boost output, improve access and reduce impact on the nature and society? Technologies, scenarios, strategies, sources of finance and business models.
Africa, particularly sub-Saharan Africa, has generally low levels of socio-economic development and energy usage. The COVID-19 outbreak and its consequent economic downturn present additional challenges and pose questions requiring urgent answers. Success of the pandemic measures depend upon, among other elements, on a strategic vision reflecting current situation and future uncertainties; and aligning interests of all stakeholders. In order to build such strategic vision, we have invited leading experts in our webinars to facilitate information gathering and to generate ideas for further work on strategies development and stakeholders’ engagement necessary for the continent’s energy transition in the post-COVID-19 world.
In a more and more climate change threatened world, Africa’s energy vision should be premised on moving from an energy landscape based on underdeveloped and carbon intense pathways to a modern, clean and decentralized energy system. This transition is a critical enabler of meaningful and endogenous socio-economic development. While the continent may face a broad set of challenges in achieving this vision, it has at the same time the opportunity to avoid the fossil fuel lock-in that many industrialized countries face and to take advantage of vast supplies of untapped energy resources and/or any stranded asset problem. The Africa Energy Transition Program in the making under the auspices of the African Energy Commission forms a continent-wide and coordinated approach in facilitating the required transformation for the realization of Africa’s development aspiration.
The Politics of Trade in the Era of Hyperglobalisation: A Southern African Perspective
About the Book:
Matters of international trade are increasingly widely recognised as major shapers of global politics. News bulletins are giving more and more coverage to matters like the so-called “trade wars” between the United States and China. These are, indeed, increasingly defining relations between the two largest economies in the world and could well underpin a multi-dimensional rivalry that could be a central feature of international relations for many years to come. Brexit is dominating and indeed re-shaping politics in the United Kingdom. By definition a rejection of a regional integration arrangement, Brexit has also revealed under-currents profoundly shaped by the outcome of a broader trade-driven process called “globalisation”. Just as regional integration is weakening in Europe, African countries have taken decisions that could lead to the most profound and ambitious step forward in African regional integration – the establishment of an African Continental Free Trade Area (AfCFTA). This study seeks to present an analysis of the political economy of trade negotiations over the past quarter century on two main fronts: the multi-lateral and those pertaining to regional integration on the African continent.
Author: Rob Davies is former South African Minister of Trade and Industry.
‘Phase 1B’ of the African Continental Free Trade Area (AfCFTA) negotiations
By Peter Lunenborg
The African Continental Free Trade Area (AfCFTA), which entered into force on 30 May 2019, represents a unique collaborative effort by African countries to bolster regional and continental economic integration, in a world marked by increasing protectionism and use of unilateral trade measures.
In order to make the agreement operational for trade in goods, negotiations on tariff concessions need to be concluded and negotiating outcomes need to be inserted into the agreement. This policy brief focuses on the expected economic impacts of tariff liberalization under the AfCFTA, the tariff negotiation modalities and discusses some legal and practical issues related to the implementation of these modalities.
The Legal Nature of the Draft Pan-African Investment Code and its Relationship with International Investment Agreements
The present Policy Brief examines the drafting and negotiating process of the draft Pan-African Investment Code (PAIC). It analyses different aspects of this process, particularly the legal nature of the PAIC and its relationship with other international investment agreements.