Abstract
African countries have long recognised that regional integration is vital if Africa is to optimise its growth potential and boost its bargaining power in the global marketplace. This explains the proliferation of several Regional Trade Agreements (RTAs) across the continent culminating in the conclusion of the landmark African Continental Free Trade Area (AfCFTA). However, despite the concerted efforts to boost intra-trade among African countries, African borders remain ‘thick’ because of the continued existence of Non-Tariff Barriers (NTBs) that reverse gains made from initiatives of trade liberalisation. Accordingly, if the landmark Africa Continental Free Trade Area (AfCFTA) is to be successful, it must strive to address and eliminate Africa’s NTBs. It is argued in this paper that while the AfCFTA makes some important strides in reducing NTBs in intra-African trade, there are still some significant gaps in the AfCFTA’s provisions on NTBs that need to be addressed. Some of these gaps include: the lack of a comprehensive legal framework that adequately addresses all the categories of NTBs and the lack of clear guidelines on how to promote harmonisation among conflicting measures among RTAs. This article singles out and analyses provisions on NTBs under the AfCFTA with the aim of determining whether the AfCFTA addresses the challenges currently facing other RTAs in tackling NTBs. The author will identify shortcomings in the legal framework of the AfCFTA with the aim of making proposals to address them.
Highlights
On 21 March 2018, the African continent witnessed the achievement of a milestone in its journey towards economic integration as African leaders representing 44 countries signed the framework agreement establishing the African Continental Free Trade Area (AfCFTA).[1]
African countries have long recognised that regional integration is vital if Africa is to optimise its growth potential and boost its bargaining power in the global marketplace.This explains the proliferation of several RegionalTrade Agreements (RTAs) across the continent culminating in the conclusion of the landmark African Continental Free Trade Area (AfCFTA)
This paper focuses on analysing and critically evaluating the legal framework addressing Non-Tariff Barriers (NTBs) in the AfCFTA
Summary
On 21 March 2018, the African continent witnessed the achievement of a milestone in its journey towards economic integration as African leaders representing 44 countries signed the framework agreement establishing the African Continental Free Trade Area (AfCFTA).[1] The AfCFTA aims to cover an area worth over ‘US$3 trillion in Gross Domestic Product (GDP) and bring together more than 1.2 billion people from 55 countries’.2. Despite African countries integrating through various RECs, intra-African trade remains on the lower rungs of the ladder with an average score of 13 to 25 percent.[10] it is reported that African countries import more than 90 percent of their goods from outside the continent despite the availability of these goods within the continent.[11] Most notably, this is attributable to the prevalence of NTBs in the form of restrictive trade policies and administrative bottlenecks that make African borders ‘thick’ and hinder intra-African trade.[12]. 12 Mold A, ‘Non-tariff barriers – Their prevalence and relevance for African countries’ African Trade Policy Centre, 2005, 25
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