The Protocol on Trade and the Creation of the Southern African Development Community Free Trade Area

Author(s):  
Johannes Muntschick
2017 ◽  
Vol 10 (2-3) ◽  
pp. 180-204
Author(s):  
Lawrence Ngobeni ◽  
Babatunde Fagbayibo

Abstract In 2016, the Southern African Development Community (SADC) amended Annex 1 of the SADC Protocol on Finance and Investment (FIP) in order to remove investor access to international arbitration or Investor-State Dispute Resolution (ISDS). The recent formation of the African Continental Free Trade Area (AfCFTA) and the COMESA-EAC-SADC Tripartite Free Trade Agreement (T-FTA) are factors that will likely curtail SADC’s ability to regulate foreign investments. Both AfCFTA and T-FTA are supposed to have their own investment protocols. This means that SADC faces the loss of regulatory authority over foreign investments. The recent formation of the Pan African Investment Code (PAIC) has shown that some African Union (AU) Member States want to provide ISDS for their investors, while others including SADC Members States do not. This article intends to evaluate the lessons SADC can learn from other jurisdictions in terms of the effective regulation of ISDS.


1998 ◽  
Vol 16 (5) ◽  
pp. 549-576 ◽  
Author(s):  
James D Sidaway

Although mindful of the context of debates about a global tendency towards the formation of regional communities [of which the Association of South East Asian Nations (ASEAN), the North American Free Trade Area (NAFTA), and the European Union (EU) are examples] the author focuses on the nature of regional integration in Southern Africa. In turn, however, the example of the Southern African Development Community (SADC) is used to reflect on a number of broader theoretical issues concerning discourses and processes of regional integration. The author notes how, in the early 1980s, the forerunner to the SADC was born (in part) out of a struggle against the apartheid regime in South Africa. Today, the organisation includes the ‘new’ (postapartheid) South Africa and has accordingly shifted its avowed rationale away from an alliance against apartheid towards a scheme for regional integration, ‘development’, and reconstruction. Moving beyond these claims and drawing on interviews, journalistic sources, and official documentation the author seeks to understand the SADC's role as a diplomatic entity—and as operating within the same logics of power as the postcolonial African state.


2020 ◽  
Vol 22 (1) ◽  
pp. 101-115
Author(s):  
Serhii Davydchuk

An important aspect of Ukraine-Israel relations – the history of the creation of a free trade zone between the two states is revealed in the article. Based on materials from current archives and open source data, the dynamic work process of preparation for signing the corresponding interstate agreement, its ratification by the parliaments of the countries is shown. It was found that it is a voluminous and labor-intensive process that requires consideration of the interests of the national economies of the two states; the creation of a free trade area has been the subject of many bilateral negotiations. Even the ratification of the agreement by the parliaments of the states for some objective reasons did not become a quick process. The national interests of the parties are taken into account in the relevant interstate document. Economic connections have always been an important and promising component of Ukrainian-Israeli relations. However, the parties have repeatedly pointed to the unsatisfactory level of economic relations. The interstate agreement on the establishment of a free trade zone between Ukraine and the State of Israel has its pros and cons, but in general we can talk about a significant improvement in many indicators that it can potentially bring. Although the process of creating a free trade area is incomplete, its study all the same is important in view of the importance of creating such a zone for both foreign economic relations of Ukraine and Israel and for development of friendly bilateral relations between them in general. While the agreement is not implemented, we have to be satisfied with the positive dynamics of economic relations, which is reflected in statistical indicators. They testify that the State of Israel is a very important trade partner of Ukraine in the Middle East. The Free trade area should bring beneficial results to Ukraine and Israel.


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