A comparative analysis of the World Trade Organisation (WTO) dispute settlement system and the African Continental Free Trade Area Agreement (AFCFTA) dispute settlement mechanism in trade law

Abstract

The African Union member states, with the exception of Eritrea, have all ratified the African Continental Free Trade Area Agreement. (the "AfCFTA Agreement"). Among other things, this agreement aims to strengthen economic integration on the continent of Africa by creating a single, liberalised market for services and goods. To add predictability and security to the African Continental Free Trade Area, AfCFTA members adopted the DS Protocol, or Protocol on Rules and Procedures for the Resolution of Disputes. However, the DS Protocol almost largely ignores the African dispute settlement systems (DSSs), particularly the DSSs of Regional Economic Communities, and instead bases its architecture on the WTO Dispute Settlement Understanding. The DS Protocol has clauses that are insensitive to the situation in Africa. This research outlines the advantages and drawbacks of implementing the WTO DSS in the AfCFTA. It also evaluates the AfCFTA DSS's strengths and shortcomings, which need to be improved, and examines the new developments that the AfCFTA DSS has brought about.