Most Favoured Nation (MFN)

Policy Brief 63, June 2019

‘Phase 1B’ of the African Continental Free Trade Area (AfCFTA) negotiations

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.

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Investment Policy Brief 17, April 2019

Challenges of Investment Treaties on Policy Areas of Concern to Developing Countries

Country experiences have revealed that international investment agreements (IIAs) could have an adverse policy impact on various policy areas that are generally important for developing countries in relation to the achievement of their development objectives. This policy brief gives an overview of challenges resulting from IIAs to major policy areas of concern to developing countries. These policy areas include industrial policy, tax reform, handling debt crisis, the use of capital controls, intellectual property rights, public-private partnerships, and climate change action in relation to investment in clean technologies.

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Investment Policy Brief 10, February 2018

How international investment agreements have made debt restructuring even more difficult and costly

International investment and trade agreements are legally binding international treaties which give investors an additional layer of legal protection on top of the host country law and contract law.  However, little efforts have been made in ironing out the interface between these different laws and treaties. Inconsistencies and even contradictions have emerged in dispute settlement decisions, sometimes at the expense of public good, sovereignty and financial and economic stability. An asymmetry seems to exist in the allocation of risks and benefits between investors and recipients of investments. (more…)

Policy Brief 38, April 2017

Implications of a US Border Adjustment Tax, Especially on Developing Countries

A new protectionist device, the US “border adjustment” tax, is being planned that could devastate the exports of developing countries and cause American and other foreign companies to relocate. This policy brief explains the complexities and implications  of this proposed measure and the major question of whether such a measure will violate the rules of the WTO is also examined.

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Investment Policy Brief 7, December 2016

The Experience of Sri Lanka with International Investment Treaties

This policy brief gives an overview of Sri Lanka’s experience with investment treaties, including highlights from a study undertaken by the authors in regard to the interface between BITs and FDI inflows. The brief also reviews international trends in relation to re-negotiating BITs and discusses the elements driving these trends, offering insights into the factors shaping this discussion in developing countries. (more…)

Research Paper 68, June 2016

Approaches to International Investment Protection: Divergent Approaches between the TPPA and Developing Countries’ Model Investment Treaties

While the international investment treaty regime is at a conjuncture, States face the challenge of designing reforms that would result in systemic solutions, and not merely cosmetic changes, to the challenges emerging out of the existing regime and the ISDS mechanism it embodies. (more…)

Investment Book Launch, 18 May 2016

Title of Book:               Investment Treaties: Views and Experiences from Developing Countries

Title of Event:              REFORM OF THE INVESTMENT PROTECTION REGIME

                                       VIEWS AND EXPERIENCES FROM DEVELOPING COUNTRIES

Date:                              Wednesday, 18 May 2016, 13:30-15:00

Venue:                           Library Events Room (B-135), Palais des Nations, Geneva

Organizer:                    South Centre and UNOG Library

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Investment Policy Brief 3, July 2015

India’s Experience with BITs: Highlights from Recent ISDS Cases

This brief argues that there is a case for a review of India’s bilateral investment treaties (BITs). The author recommends that the review should cover, inter alia, issues of more favourable treatment of foreigners compared to locals, and limitations on policy space of the government to address public interest concerns, in particular, those in the areas of public health and environment. (more…)

Investment Policy Brief 1, July 2015

Indonesia’s Perspective on Review of International Investment Agreements

The South Centre releases a new policy brief series focusing on international investment agreements and experiences of developing countries.

As part of this series, the publication of Investment Policy Brief No. 1 entitled by Mr. Abdulkadir Jailani briefly describes Indonesia’s experience with at least six investor-state dispute settlement (ISDS) cases. It also explains Indonesia’s decision to discontinue its existing international investment agreements (IIAs); to date, 17 out of 64 IIAs have been discontinued by Indonesia. The paper explains the rationale for this important policy measure. (more…)

Analytical Note, October 2013

Ratification of the Economic Partnership Agreement: The Case of Cameroon

This Note looks at the Costs and Benefits of an EPA for Cameroon if it would ratify the interim-EPA.

The main benefit of the EPA would be the avoidance of duties that EU importers would have to pay. If Cameroon would fall back to EU GSP, these duties would amount to USD 42.5 million / year (top-30 exports under EU GSP). In the case of the GSP+, only two key products will face tariffs: bananas and malt extract/food preparation with low cocoa contents. (more…)

Analytical Note, September 2013

The EU-CARIFORUM EPA: Regulatory and Policy Changes and Lessons for Other ACP Countries

This note assesses the state of play of EPA implementation in the CARIFORUM region. It shows that the regulatory, legislative and policy changes necessary for EPA implementation in the areas of trade in goods and services are at varying stages of implementation among member states, with many countries being very far from fully implementing the agreement. (more…)

Analytical Note, November 2011

Economic Partnership Agreements in Africa: A Benefit-Cost Analysis.

This study provides a simple cost-benefit analysis of the Economic Partnership Agreements (EPAs) between African countries and the European Union. It compares the costs of signing an EPA – measured as tariff revenue losses, versus the “gains” of signing an EPA – measured as (more…)


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