A framework of African Continental Free Trade Area dispute settlement mechanism: legal challenges

Abstract

Abstract African countries have recently signed an ambitious and progressive trade pact titled the African Continental Free Trade Area (AfCFTA) agreement. The agreement establishes a free trade area, which also includes a dispute settlement mechanism (DSM). African countries further agreed on the Protocol on Rules and Procedures on the Settlement of Disputes to establish and regulate the process of the DSM. The Dispute Settlement Body formally launched its business on 26 April 2021. The Agreement and the Protocol are the first of the kind in the continent and are on the verge of implementation. Given that, the article examines the AfCFTA Agreement and the Protocol on Rules and Procedures on the Settlement of Disputes. Accordingly, the article finds that the Agreement and the Protocol involve some legal challenges that will constrain the efficacy of the DSM in the continent.