Le mécanisme de règlement des différends de la ZLECAf: un choix adéquat pour l’intégration économique en Afrique?

Abstract

In order to ensure the peaceful resolution of disputes arising from the implementation of its norms, the African Continental Free Trade Area (AfCFTA) has adopted a dispute settlement mechanism that is almost identical to that of the World Trade Organization (WTO), although the two organizations have distinctly different objectives. While the ultimate objective of the AfCFTA is the progressive achievement of economic integration in Africa, the WTO aims to remove as many barriers to international trade relations as possible. This study attempts to demonstrate that the WTO model of dispute settlement adopted by the AfCFTA would not be appropriate to propel African economic integration, especially since not only is it characterized by a great deal of flexibility that allows member states to seek politically negotiated solutions, but above all, it does not take into account, either directly or indirectly, the individual, who is supposed to be the ultimate beneficiary of any process of economic integration of the African continent. Consequently, the present contribution advocates, on the one hand, the attribution of the competence to settle disputes related to AfCFTA’s Law to the future African Court of Justice and Human and Peoples’ Rights (ACJHPR) and, on the other hand, the incorporation of the preliminary referral into the AfCFTA’s Law that could be exercised by the national judge.