Assessing the African continental free trade area protocol on rules and procedures on the settlement of disputes

Abstract

Disputes in any trade arrangement are inevitable, given the significant nature of resources and transactions involved. Therefore, it is prudent for agreements establishing free trade areas to incorporate components of dispute settlement mechanisms. This demonstrates their commitment and willingness to engage in trade within a rules-based system. This study is conducted on the topic of assessing the African Continental Free Trade Area Protocol on Rules and Procedures for the Settlement of Disputes. The primary aim of this study is to address the central research question, which revolves around the potential of the AfCFTA to effectively promote trade and resolve disputes among its member states. The study argues that the AfCFTA dispute system has drawn extensively from the World Trade Organisation (WTO) Dispute Settlement Understanding. Given the numerous challenges currently facing the WTO's dispute settlement mechanism, there is a possibility that the AfCFTA may encounter similar challenges within its own dispute settlement system. Furthermore, this study examines Africa's contributions and participation in international trade, with a specific emphasis on the challenges that African states encounter when utilising the WTO's Dispute Settlement Mechanism. Additionally, it discusses the institutional and legal framework of the AfCFTA dispute system and addresses certain conceptual challenges. Moreover, this study explores the judicial and regulatory system of the Economic Community of West African States (ECOWAS) Court of Justice, drawing valuable lessons that the AfCFTA can incorporate. Finally, the study discusses the research findings and provides recommendations for addressing these challenges.