Rita Tsorme | Xiamen University (original) (raw)
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Papers by Rita Tsorme
World Trade Review
The inception of the African Continental Free Trade Agreement (AfCFTA) constitutes a major advanc... more The inception of the African Continental Free Trade Agreement (AfCFTA) constitutes a major advancement in Africa's economic integration process. Diverging from what appears to be the norm in contemporary trade treaties, the agreement adopts a conditional Most Favoured Nation (MFN) clause hinged on the principle of reciprocity. Without the promise to reciprocate preferential treatment, the beneficiary state does not assume the right to demand MFN treatment. In broader discussions, this feature has been criticized for possessing the tendency to restrict trade. However, examining it in the context of Africa's trade paradigm, this paper argues that the non-automaticity of the AfCFTA's MFN clause is a cardinal feature safeguarding its existence.
Journal of Law, Policy and Globalization, 2021
The African Continental Free Trade Area (AfCFTA) established in March 2018 has recently commenced... more The African Continental Free Trade Area (AfCFTA) established in March 2018 has recently commenced trading under the free trade area on the 1 st January 2021. Except for Eritrea, all the remaining 54 member states of the Africa union signed up to the agreement. Ever since the WTO creation, the Africa Continental Free Trade Area is considered the largest in the world in terms of the number of contracting states. Several authors have indicated that the establishment of this agreement is a success to Africa. However, the researcher believes that the uniformity of laws concerning the international sale of goods has become crucial for the smooth operations of African Trade. The UN Convention on Contracts for the International Sale of Goods (CISG) is a breakthrough effort by the United Nations Commission on International Trade Law (UNCITRAL) to unify the laws pertaining to contracts for the international sale of goods.This study argues that, for a smooth operation of the AfCFTA, there is a need for all African countries to sign and ratify the CISG which is also known as the Vienna Convention. The proposed appeal holds benefits for the continent and it is easy and judicious to implement.
Journal of Law, Policy and Globalization
The worldwide and decentralized characteristics of the internet and the open manner at which it o... more The worldwide and decentralized characteristics of the internet and the open manner at which it operates gives E-commerce a global element which brings about the all-important question of which court has the jurisdiction to resolve disputes in E-commerce transactions. The sharing of state's jurisdiction with regard to international commercial contracts has been on the use of contact factors generally of a territorial nature. The exclusive nature of the internet as a modern phenomenon sometimes makes it difficult to apply these rules. This may make them not legally binding or lead to results that are not favorable or totally alien to the contracting parties and the subject matter of the cases. This study critically examines and review the current legal administrative approach of the United State with regard to assessing jurisdiction in E-commerce disputes resolution. It also analyzes the defects of the legal practice in the US and the postulation of new ideas in assessing and enforcing jurisdiction in E-commerce disputes resolution.
World Trade Review
The inception of the African Continental Free Trade Agreement (AfCFTA) constitutes a major advanc... more The inception of the African Continental Free Trade Agreement (AfCFTA) constitutes a major advancement in Africa's economic integration process. Diverging from what appears to be the norm in contemporary trade treaties, the agreement adopts a conditional Most Favoured Nation (MFN) clause hinged on the principle of reciprocity. Without the promise to reciprocate preferential treatment, the beneficiary state does not assume the right to demand MFN treatment. In broader discussions, this feature has been criticized for possessing the tendency to restrict trade. However, examining it in the context of Africa's trade paradigm, this paper argues that the non-automaticity of the AfCFTA's MFN clause is a cardinal feature safeguarding its existence.
Journal of Law, Policy and Globalization, 2021
The African Continental Free Trade Area (AfCFTA) established in March 2018 has recently commenced... more The African Continental Free Trade Area (AfCFTA) established in March 2018 has recently commenced trading under the free trade area on the 1 st January 2021. Except for Eritrea, all the remaining 54 member states of the Africa union signed up to the agreement. Ever since the WTO creation, the Africa Continental Free Trade Area is considered the largest in the world in terms of the number of contracting states. Several authors have indicated that the establishment of this agreement is a success to Africa. However, the researcher believes that the uniformity of laws concerning the international sale of goods has become crucial for the smooth operations of African Trade. The UN Convention on Contracts for the International Sale of Goods (CISG) is a breakthrough effort by the United Nations Commission on International Trade Law (UNCITRAL) to unify the laws pertaining to contracts for the international sale of goods.This study argues that, for a smooth operation of the AfCFTA, there is a need for all African countries to sign and ratify the CISG which is also known as the Vienna Convention. The proposed appeal holds benefits for the continent and it is easy and judicious to implement.
Journal of Law, Policy and Globalization
The worldwide and decentralized characteristics of the internet and the open manner at which it o... more The worldwide and decentralized characteristics of the internet and the open manner at which it operates gives E-commerce a global element which brings about the all-important question of which court has the jurisdiction to resolve disputes in E-commerce transactions. The sharing of state's jurisdiction with regard to international commercial contracts has been on the use of contact factors generally of a territorial nature. The exclusive nature of the internet as a modern phenomenon sometimes makes it difficult to apply these rules. This may make them not legally binding or lead to results that are not favorable or totally alien to the contracting parties and the subject matter of the cases. This study critically examines and review the current legal administrative approach of the United State with regard to assessing jurisdiction in E-commerce disputes resolution. It also analyzes the defects of the legal practice in the US and the postulation of new ideas in assessing and enforcing jurisdiction in E-commerce disputes resolution.