Browsing by Author "Gathii, James"

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    International Economic Law in the Global South and COVID-19
    (Afronomicslaw.org, 2020-05-18) Gathii, James; Akinkugbe, Olabisi; Adebola, Titilayo; Mapefane, Nthope; Omiunu, Ohiocheoya (Ohio)
    The COVID-19 pandemic has disrupted all facets of human relations on a magnitude not witnessed in the post-World War II era. Due to the interdependence of countries in the international system, it is not surprising that the unfolding public health crisis has had significant ramifications for the functioning of the global economy as well. In responding to this global health crisis, and the associated fallouts, the academic community has a crucial role to play in finding solutions to the hydra-headed problems we all face. Driven by this sense of urgency and responsibility, AfronomicsLaw put out a call for contributions in April 2020 for a symposium issue focusing on COVID-19 and International Economic Law in the Global South. This Symposium will last for a full four weeks. This paper provides a broad summary of the 37 insightful essays accepted for the symposium issue. The essays have been grouped into four major themes: (1) International Trade and International Investment Law and Policy, (2) Intellectual Property, Technology and Agriculture, (3) Sovereign Debt, Finance and Competition Law, and (4) Governance, Rights and Institutions.
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    Proposing a Model Clause for Global Public Health Emergencies – Trade-Related Measures
    (UN ESCAP, 2020-07-23) Gathii, James; Omiunu, Ohiocheoya (Ohio); Kayode, Olude; Nciko, Arnold; Nkomolago, Miriam; Mbori, Harrison; Maritim, Purity
    This submission responds to the challenges faced by countries in the multilateral trade system of the World Trade Organisation (WTO) which have found it difficult to secure much needed Personal Protective Equipment (PPEs) during the COVID-19 Pandemic due to restrictions in trade of PPEs invoked by Contracting Parties under the General Agreement on Tariffs and Trade (GATT). We propose a model WTO GATT clause that will prevent the use of GATT provisions (Art. XI:2 (a); Art. XX (b); Art. XXI (b) (iii) and any other provision of GATT 1994 inconsistent with our proposed Clause) to justify exceptions to restrictions in trade of PPEs during a Pandemic or any future Global Public Health Emergency. We envisage that the proposed model clause can be used in non-WTO treaties as well.