Re-examining locus standi of non-state entities and individuals under the African Regional Economic Communities and the African Continental Free Trade Area

Abstract

The world of international trade is dominated by non-state entities and individuals as opposed to states. States are at the forefront in rule making and are obligated to implement the various trade rules that stem from trade agreements that they have ratified. In cases where there is non-compliance with these trade agreements, states seldom sue one another to ensure compliance at regional level. The consequences of the failure to enforce provisions laid out in trade agreement affect the non-state entities and individuals the most, as they are predominantly the drivers of international trade. The irony is that some of these trade agreements acknowledge the role of private parties in international trade and award them rights in some instances, but they rarely accord them locus standi before international adjudicative bodies to resolve their trade disputes against states.

The role private parties play in regional and economic integration cannot be understated. However, there are multiple challenges that private parties face when they seek to resolve trade disputes. The main objective of this research is to interrogate the importance of awarding private parties locus standi before the AfCFTA and the RECs dispute settlement system.