How ECOWAS negotiating team can strenghen the legal provisions of Cote D'Ivoire EPA as to benefit the whole region : a legal analysis of the Cote D'Ivoire interim EPA

Abstract

The paper examines through a legal analysis of some articles of the Cote d’Ivoire Stepping Stone Agreement, how ECOWAS can strengthened its approach in negotiating a comprehensive EPA for the region. These articles are scrutinized with a special focus on market access as to point out fields that need to be re-thinked with regard objectives set out in the agreement. It is argue that current bilateral and multilateral Trade and Investment Agreements are shrinking in their legal framework the policy space need for development in countries that need it the most. This study, underlines the fact that the legal provisions contain in the Cote d’Ivoire IEPA do reduce actually its ability to set up policies tool aim at achieving development goals. It is the sustainability of the IEPA legal provisions that is questioned under this topic with regard to sensitive issues such as the safeguard measures, the stand still clause, the MFN clause, the Rules of Origin etc….. In so doing, the analysis reveals as well the ambiguity of the IEPA relationship with the Cotonou Agreement and the multilateral trade rules of the WTO. This ambiguity is highlighted in an attempt to drawn the attention of the region on the fact that; if there is indeed a need to update the Economic Partnership Agreement currently negotiating with the EC, this cannot be done without first of all updating the negotiating approach of the region. In fact, its weak bargaining approach coupled with that overwhelming of the EC has resulted in the agreement currently on the table. Substantial changes can be made with this regard by acknowledging the insufficiencies in the legal framework of the IEPA but also in learning lesson from mistakes the region itself and Cote d’Ivoire have done in negotiating EPAs and its Interim version. Thus, since EPAs often triggered the debate on liberalization and what it may carry in terms of consequences on developing countries’ economies, examples of countries that took a different step toward liberalization and whose current situation may be use as a testimony by ECOWAS are quoted. Finally, propositions are made to ECOWAS region as to enlarge current development space while battling for more flexibility under the EPA.