Access to courts for non-state actors under the AfCFTA

Abstract

The African Continental Free Trade Area (AfCFTA) represents an unprecedent milestone in the pursuit of economic integration on the African continent. However, noble in its course, and ambitious in its extent, the agreement is fraught with the question of access to courts for non-state actors under the auspices of the agreement. This research aims to critically examine the nature of access to courts as provided under the AfCFTA, evaluating whether it should be considered a fundamental right or unnecessary privilege. Through a comprehensive analysis of legal frameworks, the Court of Justice of the European Union, Regional Economic Communities, international law and relevant case law, the research unshrouds the complexities attributable to the issue. The research will explore the potential impact of access to trade disputes, the role of non-state actors in African trade and the broader implications for the advancement of economic integration in Africa. By addressing this question, the dissertation aims to contribute to scholastic literature surrounding the AfCFTA’s legal framework and its implications for fostering a more equitable and accessible trading environment for all persons.