International Economic Law In Africa: Is the African Continental Free Trade Area a Viable Project?

Abstract

Africa’s share of global trade has declined over time in spite of efforts aimed at increased participation in international trade. With the proliferation of regional economic communities on the continent, there would have been the expectation that, at least, intra-regional and intra-African trade would steadily increase and contribute significantly to Africa’s contribution to international trade. However, due in part to export of largely unrefined natural minerals, a predominant agrarian economy, and a lack of diversified exports intra-African trade has continued to be quite sluggish. The signing of the African Continental Free Trade Area thus holds a lot of potential for shoring up intra-African trade and economic performance. However, while rules aimed at breaking down the barriers to intra-African trade are steps in the right direction, they are not self-enforcing. The institutional mechanisms established to ensure compliance with the rules on trade liberalization on the continent are of vital importance. If the established institutions fail, the prospect of a viable African Continental Free Trade Area will become a mirage. This article critiques some of the provisions on legislative and judicial decision-making in the Agreement Establishing the African Continental Free Trade Area and suggests ways of enhancing the performance of the established legislative and judicial systems. It also conducts a brief analysis of the viability of the rules of origin regime in the African Continental Free Trade Area.