Purpose The paper aims to recommend that developing countries, such as Vietnam, should review and modernize bilateral investment treaties (BITs), strengthen their domestic legal frameworks, develop impact assessment mechanisms and enhance their capacity for dispute prevention to respond effectively to unforeseen changes in circumstances. Design/methodology/approach First, primary sources include the Vienna Convention on the Law of Treaties (VCLT), BITs, free trade agreements (FTAs) and arbitration awards from significant investment disputes. Secondary sources, including academic articles and commentaries from leading international law experts, are systematically analyzed to build a theoretical framework. The analysis of arbitration decisions focuses particularly on landmark cases, concentrating on cases concerning economic crises, political transitions and environmental policy changes to identify trends in the application of the doctrine. The paper provides a comparative analysis, contrasting Vietnam’s old BITs with newer agreements such as CPTPP and EVFTA to assess the development of treaty language related to exceptions and regulatory space. Findings The disparity between old-generation BITs and new ones (e.g. CPTPP, EVFTA) creates challenges in striking a balance between investment protection and policy space for environmental, health and sustainable development. Research limitations/implications The research mostly combines analysis of Vietnam’s specific economic, environmental and political context for future application of the rebus sic stantibus doctrine. Practical implications Understanding and effectively applying the doctrine of rebus sic stantibus is crucial. From this approach, countries can develop effective mechanisms to respond to economic and social changes without violating their international obligations. Besides, developing countries may require emergency measures affecting foreign investment, such as the temporary requisition of private property, restrictions on the export of essential medical supplies or the imposition of new safety and environmental regulations. Social implications Implementing policies to protect public interests and sustainable development; the general trend in investment law worldwide is a shift toward a sustainable approach linked to governance and environmental objectives. Originality/value For developing countries like Vietnam, studying this doctrine holds significant and practical importance.

Purpose This study aims to comprehensively identify countries’ objectives in implementing halal measures and which aspects of halal measures are raised as constraints in the WTO. It also aims to review countries’ best practices in halal measures and assess their compliance with the WTO TBT Agreement. Design/methodology/approach This research used qualitative methods of screening, categorization and benchmarking to examine case studies from relevant WTO halal cases/regulations. Findings This study finds that halal measures are commonly designed to achieve objectives including consumer information and labeling; prevention of deceptive practices; protection of human health or safety; quality requirements and others. Meanwhile, halal labeling and certification; facilities and logistics; traceability/verification issues; product coverage; recognition of foreign halal certification/accreditation bodies; procedural and administrative issues; and the use of international standards are commonly raised regarding their compatibility with the TBT Agreement. Moreover, six provisions have been used minimally to assess halal compliance measures, including Art. 2.1; Art. 2.2; Art 2.12; Art. 6; Art. 2.9; and Art. 2.4. Research limitations/implications Primarily, its scope is confined to halal-related cases and regulations within the WTO framework. Practical implications This study provides guidance for governments on how to design halal measures that align with WTO rules while still achieving their policy objectives. Originality/value Halal cases have been minimally challenged in the WTO, making it difficult to assess the compliance of halal measures under WTO rules. This study provides guidance to be used in designing WTO-compliant halal measures that facilitate global halal trade.

Purpose This paper aims to discuss the potential implications of the European Union Deforestation Regulation (EUDR) for international trade dynamics, focusing especially on developing countries that rely on certain agricultural exports. Moreover, the article aims to propose an interpretation of the potential compatibility of the EUDR with World Trade Organization (WTO) rules, particularly those under the General Agreement on Tariffs and Trade (GATT). Design/methodology/approach Following an economic analysis and drawing on existing literature and WTO case law, the paper examines whether the EUDR satisfies the compatibility criteria under Articles I, III, X, XI, and XX of GATT. Findings The paper demonstrates that, while the EUDR constitutes a significant step forward in global efforts to curtail deforestation and safeguard ecosystems, its legal design raises questions regarding specific aspects of regulatory consistency with WTO law. Originality/value To the best of the author’s knowledge, this is for the first time since its publication in the EU Official Journal, a comprehensive and systematic application of WTO case law and GATT provisions has been applied to the EUDR. This approach goes beyond a purely policy-oriented discussion by rigorously assessing specific legal provisions in the context of the Regulation’s environmental objectives.

Purpose This paper aims to examine the implementation of investment facilitation commitments under the African Continental Free Trade Area (AfCFTA) Investment Protocol. Its purpose is threefold: first, to analyse the core investment facilitation obligations established under the AfCFTA and compare them with global standards; second, to identify key implementation challenges facing African states in fulfilling these commitments; and third, to evaluate necessary technical assistance and capacity-building mechanisms to support effective implementation. By exploring these dimensions, the paper aims to provide practical insights for policymakers, practitioners and researchers engaged in advancing Africa’s economic transformation through enhanced investment flows and regional integration. Design/methodology/approach This paper uses doctrinal legal analysis to examine the implementation challenges and opportunities of investment facilitation commitments under the AfCFTA Investment Protocol. The methodology involves systematic analysis of primary legal texts, including the AfCFTA Investment Protocol and related regional frameworks, alongside comparative examination of the WTO Investment Facilitation for Development Agreement. The paper synthesises evidence from regional and national case studies to identify emerging best practices and implementation challenges. The research framework considers three dimensions: regulatory frameworks, institutional mechanisms and technical capacity needs, while evaluating potential solutions through analysis of technical assistance frameworks and implementation experiences across African states. Findings The paper reveals that effective implementation of AfCFTA investment facilitation commitments faces significant challenges including institutional capacity constraints, infrastructure and technology gaps and political economy factors. Regional approaches demonstrate the value of coordinated implementation but highlight persistent gaps between formal commitments and practical implementation. Successful national implementation strategies share common features: strong political commitment, effective institutional coordination and strategic use of digital technologies. The research identifies emerging best practices including phased implementation approaches, stakeholder engagement mechanisms and robust monitoring frameworks. Technical assistance needs to be better coordinated and demand-driven to address implementation challenges equitably across countries with varying capacities. Research limitations/implications This study primarily relies on doctrinal analysis and publicly available information about implementation efforts, which may not fully capture on-the-ground realities or informal implementation mechanisms. The research is limited by the recency of the AfCFTA Investment Protocol’s adoption, with implementation still in early stages, offering limited empirical evidence on outcomes. Future research would benefit from quantitative assessment of implementation impacts, comparative analysis of institutional models and deeper investigation of digital technology applications in investment facilitation. The findings nonetheless provide valuable guidance for policymakers designing implementation strategies and technical assistance programmes that address the identified challenges. Practical implications The findings offer several practical implications for AfCFTA implementation. Policymakers should prioritise establishing dedicated institutional mechanisms for coordinating investment facilitation at continental, regional and national levels. A continental implementation roadmap with clear milestones and phased approaches would accommodate varying country capacities. Digital solutions should be leveraged to enhance transparency and streamline procedures, while addressing infrastructure gaps. Technical assistance providers should adopt more coordinated, demand-driven approaches based on comprehensive needs assessments. Private sector engagement mechanisms should be formalised to ensure facilitation measures respond to investor needs. These strategies can transform investment facilitation from technical reform to a transformative agenda for Africa’s economic integration. Social implications Effective implementation of investment facilitation under the AfCFTA has significant social implications across Africa. By enhancing investment flows and economic integration, successful implementation can create employment opportunities, particularly for youth, women and vulnerable groups as recognised in Article 29 of the Protocol. Streamlined administrative procedures can reduce corruption opportunities, promoting more equitable access to investment opportunities for domestic entrepreneurs. However, implementation must balance efficiency with safeguarding public interests. The paper highlights the importance of inclusive stakeholder engagement to ensure investment facilitation contributes to sustainable development outcomes rather than merely benefiting large investors or exacerbating existing economic inequalities. Originality/value This paper provides quite a comprehensive analysis of implementation challenges and strategies for investment facilitation commitments under the recently adopted AfCFTA Investment Protocol. While existing literature examines investment facilitation conceptually, this research contributes original insights on the unique African continental context and implementation dynamics. The paper’s value lies in its synthesis of emerging best practices from regional and national experiences, detailed examination of technical assistance frameworks and practical policy recommendations for various governance levels. This comprehensive approach offers significant value to policymakers, development practitioners and researchers seeking to advance Africa’s economic integration through enhanced investment facilitation.

Purpose The World Trade Organization (WTO) Agreement on Fisheries Subsidies (AFS) is only the third agreement finalised after the establishment of WTO. Negotiations on the AFS started as part of the package agreed at the WTO Ministerial Conference in Doha in 2001. Negotiations gained impetus after the adoption of the United Nations’ Sustainable Development Goals (SDGs) in 2012, and the agreement was adopted unanimously at the 12th WTO Ministerial Conference (MC12) in July 2022. Thus, it took 21 years to reach agreement on the most important issues to be included in the AFS, but negotiations are continuing on several outstanding issues. The AFS relates only to marine wild catch and does not relate to freshwater catch or to aquaculture. The AFS will only enter into force when two-thirds of all WTO Members have ratified it. Since the WTO at present has 166 Members, this means a total of 111 ratifications are required. As of 12 August 2025, there have been 107 ratifications. This means that another 4 ratifications are required. As this is the most recent WTO Agreement, and especially as it is not yet in force, very little has been written about it in the academic world, and nothing has been written about it from a (South) African perspective. This study is a first attempt at filling that void. This study will first consider the rationale for the AFS, before looking at the main features thereof. It will then consider the importance of the AFS for South Africa, before concluding. The purpose of this paper is to evaluate the compatibility of South Africa’s current framework for subsidies with the AFS. Design/methodology/approach The paper uses a desktop study assessing legislation, relevent literature, policy and case law. Findings The paper finds that South Africa’s framework for fisheries subsidies is fragmented and thus unsuited to complying with the AFS since the frameworks for sustainable fishing and countervailing measures are disconnected and administered by different functional authorities and legislation. Furthermore, the current framework for subsidies in South Africa does not provide for prohibited subsidies as envisaged under the AFS. Thirdly, this paper contend that there must be a subsidy reduction commitment that differentiates between developing and developed countries. Consequently, this paper argues that the principle of common but differentiated responsibility must be an express principle of the AFS guiding the interpretation of the obligations therein. In keeping with this ethos, this paper implores that the “due restraint” provision in Article 6 of the AFS applied when raising and exploring solutions for least developed countries must be expanded to include developing countries such as South Africa and other African countries whose waters have been pillaged by fisheries subsidies. Finally, this paper insist that the AFS must carve out an exemption for artisanal and substance fishers. Research limitations/implications The paper would have liked to give a regional picture, but this is not possible because these legal systems are not readily available. Practical implications The paper offers a blueprint for South Africa to ready itself and to comply with its obligations from a legal perspective. Social implications The paper advocates for the plight of small-scale fisheries and the pillaging of fish resources on the African continent without commenting on the applicable legal framework for the continent. Originality/value To the best of the authors’ knowledge, this paper is a first attempt at explaining the legal implications of the AFS on South Africa.

Purpose The 1974 UN Declaration on the Establishment of a New International Economic Order (NIEO Declaration) proposed reforms to the global economic governance aimed to ascertain the “economic sovereignty” of developing countries. The world order that followed the dawn of the NIEO Declaration emerged in a backlash to this demand and severely restricted developing states’ “economic sovereignty.” However, its manifesto seems to be reemerging like a Fenix in midst of the geopolitical dislocations and uncertainties of the current global conjuncture. The purpose of this study is to show that we are witnessing the construction of a (new) new international economic order characterized by the renaissance of developing states’ “economic sovereignty” under international law. Design/methodology/approach To arrive at its conclusion, this study uses an empirical quantitative method of analyzing treaties, domestic laws and regulations and relevant state practice which follows a multidisciplinary approach to international economics, politics and law. Findings This study will demonstrate that recent reforms of the international legal framework regarding states’ food sovereignty, their “right to regulate” for legitimate social purposes and their power to control the activities of multinational corporations within their territories reassertain developing nations’ “economic sovereignty.” Originality/value This study aggregates new findings to support the ongoing academic debate on the changing paradigm of international economic law in the current global order.

Purpose The European Commission suggested in 2014 a differential approach to negotiating intellectual property rights (IPR) clauses in bilateral trade agreements, whereby least developed and poorer developing states were to be offered less burdensome obligations in the sphere of IPR. This made the policy of European Union (EU) with regard to IPR standards in third countries open to fragmentation, which could lead to increased transaction costs. The purpose of the study is to advance research on the following questions. How extensive has such fragmentation been in practice? Has such fragmentation followed any discernible pattern? and Have the impasse in the World Trade Organization (WTO) Appellate Body and the COVID-19 affected in any significant way the extent of such fragmentation? Design/methodology/approach The study includes an overview of the key developments in WTO negotiations with regard to the IPR after the Doha Ministerial Conference, and the explanation of the methodology of sampling, whereby eight clauses on IPR in three bilateral agreements are selected for analysis. The method of comparative analysis is used to establish the trends in EU bilateral trade agreements before and after COVID-19 with regard to IPR. Findings The study concludes that neither COVID-19 nor WTO Appellate Body stalemate changed dramatically the EU policy with regard to IPR standards in bilateral trade agreements. However, the fragmentation of the IPR clauses in trade agreements remains an issue, which may negatively affect the efficiency of the relevant commercial and investment activities. Originality/value Even though the IPR clauses of EU trade agreements with third states have been well researched, there is insufficient research of the effects of the COVID-19 and WTO Appellate Body stalemate on the treaty practice of the EU in the sphere of IPR on two aspects: treatment of developing countries and fragmentation of the international IPR standards. The study is, thus, offering a novel view of an important aspect of the EU external economic policy.

Purpose This research examines the European Union’s Carbon Border Adjustment Mechanism (CBAM) through the lenses of international relations theory and international trade law. It analyzes the CBAM’s potential conflicts with World Trade Organization (WTO) rules, particularly concerning the Most Favored Nation (and National Treatment principles. This study aims to provide a comprehensive understanding of the CBAM’s implications for global trade, climate change mitigation and the future of international environmental governance. Design/methodology/approach This research uses a mixed-methods approach. It combines qualitative analysis of theoretical frameworks (realism, liberalism and constructivism) with a legal analysis of WTO rules and case law. The study also incorporates quantitative data on global trade flows and carbon emissions to support the analysis. Findings The findings suggest that while it may promote environmental goals, the CBAM also risks trade disputes and could exacerbate inequalities between developed and developing countries. Originality/value It examines the CBAM’s potential conflicts with WTO rules in detail, drawing on relevant case law and legal precedents. It explores the challenges faced by countries affected by the CBAM and discusses potential strategies for addressing these challenges.