Comparative Analysis Of Dispute Settlement System Under Afcfta And Wto

The Agreement Establishing the African Continental Free Trade Area (the “AfCFTArnAgreement”) is signed by all African Union member States except Eritrea, among other things,rnto enhance economic integration of the African continent by establishing a single and liberalizedrnmarket for goods and services. Members of the AfCFTA adopted the Protocol on Rules andrnProcedures on the Settlement of Disputes (“DS Protocol”) to create security and predictabilityrnto the African Continental Free Trade Area. However, the DS Protocol is almost entirelyrndesigned based on the World Trade Organization Dispute Settlement Understanding withoutrngiving due regard to the African dispute settlement systems (DSSs), especially RegionalrnEconomic Communities’ DSSs. The DS Protocol has provisions that are inconsiderate of thernAfrican context. This study shows the benefits and risks of adopting the WTO DSS to AfCFTA. Itrnalso assesses the strength and limitations of the AfCFTA DSS, which need amelioration, andrnexplores the new developments introduced by the AfCFTA DSS.

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