The agreement establishing the African Continental Free Trade Area (AfCFTA) is an ambitious framework aimed at changing the poor trading activities in Africa. The objective of the agreement is to create a single market for goods and services by removing trade barriers and boosting the mobility of capital, encouraging competition and investment flows. The treaty is expected to cover a market of over 1.2 billion people and a gross domestic product of $2.5 trillion across the 55 member States of Africa. The scope of the agreement covers trade in goods, services, investment, intellectual property rights and competition policy. This essay x-rays the dispute resolution regime of the African Continental Free Trade Area agreement and assesses its viability.
The nature and magnitude of the growth in China-Africa economic relations in recent years is unprecedented and extraordinary. According to recent estimates, the value of China’s trade with African nations grew from a mere USD 10 million in the 1980s to USD 55 billion in 2006, and to more than USD 100 billion by the end of 2009, at which time nearly 1,600 Chinese companies were doing business in Africa with a direct stock investment of about USD 7.8 billion. The accelerating impetus of China-Africa trade has overtaken some crucially important features of an effective trade regime, most notably a fully trustworthy dispute resolution system. It is the current and potential future efficacy of such a system that is taken up in this book with great understanding and skill. The author evaluates existing mechanisms of dispute resolution in all aspects of China-Africa economic relations in light of the parties’ economic and cultural profiles and their evolving legal traditions, and goes on to propose a comprehensive institutional model of dispute resolution that takes full account of the economic needs and legal cultures of both China and the various African countries. Among the topics and issues that arise in the course of the book are the following: suitability of the WTO’s dispute resolution mechanism for China-Africa trade relations; domestic, bilateral, regional, and multilateral law sources affecting China-Africa commerce; the role of intra-Africa bilateral investment treaties; competing interests that underpin international investment law; relevant legal, economic, and political challenges and cultural barriers; permissible scope of regional trade regimes; national treatment versus duty to compensate; and harmonization initiatives—model laws, incoterms, restatements. The author includes in-depth analysis of how China-Africa economic relations fare in the varieties of dispute resolution methods available at the major arbitral European and American institutions—ICSID, AAA, ICC, LCIA, PCA—as well as under the rules of the China International Economic and Trade Arbitration Commission (CIETAC) and the important arbitral fora in Cairo, Kuala Lumpur, and Lagos. Endorsing institutional arbitration as the most appropriate form of resolving trade, investment, and commercial disputes arising between China and African countries, this ground-breaking analysis outlines the obstacles and shortcomings of the available means of dispute settlement, both in international and domestic contexts, and offers deeply informed recommendations for improvement of the existing system. Although the book will be welcomed by interested scholars and practitioners for its detailed discussion of how China-Africa trade relations are situated within the global trade regime, its most enduring value lies in its thorough evaluation of the available options and its proposals for structuring a legal framework within which future disputes will be effectively resolved.
In 2018, the members of the African Union adopted the African Continental Free Trade Area Agreement (AfCFTA). This book examines the AfCFTA, dissecting its key provisions. It stresses the importance of the AfCFTA in the context of increasing episodes of trade protection in Africa, and it theorizes on the role of the treaty organs. The book also examines the importance of citizen participation for the success of the AfCFTA, as well as exploring the role sub-state actors can play. Ultimately, the study adds to the understanding of the array of problems that are associated with regional trade in Africa and the role law plays in resolving these problems. It will be of importance to academics and students of international law, especially those with an interest in African trade law, as well as legal professionals and policymakers.
The African Continental Free Trade Area (AfCFTA) Agreement is at the forefront of current African business, trade and legal discussions. The future of African development, on a continental level, is largely tied to the success or failure of this agreement. One of the primary concerns of legal professionals and the international business community is the dispute settlement mechanism that will be built into the agreement. African nations are also acutely aware of the importance of developing a dispute settlement system that strikes the right balance between the interests of international investors and the needs of local populations.00However, to date, there has been very little published on this topic as it pertains to the AfCFTA. While several articles look at individual components of the complex topic of African dispute settlement, there are few publications that bring together the various aspects. Individuals shaping this discussion, particularly the legal practitioners working to influence the conversation on how disputes should be carried out under the agreement, will benefit from the comprehensive look provided within the book. Not only does the author provide sound foundational knowledge as to the current landscape of dispute settlement on the continent, but he also presents a clear path forward for the negotiation of the dispute settlement provision of the AfCFTA.
This book provides a comprehensive assessment of African economic integration through the lens of International Economic Law. The analysis is contextualised within the prevailing regional economic integrations, the WTO and the peculiarity of the AfCFTA. Through legal analysis, bolstered by economic and political dimensions, the book illustrates the complex interplay of diverse factors that shape the AfCFTA. Each chapter presents a separate element of economic integration within the principles of international economic law, with an interdisciplinary approach encompassing legal, economic and political perspectives. Covering topics such as economic integration and multilateralism, market access, exceptions, trade facilitation, rules of origin and non-tariff barriers, the book also discusses trade remedies, dispute settlement, investment, intellectual property and completion policy. Additionally, human rights, corporate social responsibility and sustainable development principles are discussed, alongside small and medium-sized enterprises (SMEs), digital trade and gender in economic integration. The book will be of interest to students, instructors, practitioners and nonpractitioners in this area of international economic law.
The fifth of the series (ARIA/V) has come at a time of renewed enthusiasm for shortening the period of the vision of the Abuja Treaty. Its overall objective is to provide an analytical research publication that defines frameworks for African Governments, the African Union and the Regional Economic Communities, towards accelerating the establishment of the African Common Market through: the speedy removal of all tariff and non-tariff barriers, obstacles to free movement of people, investments and factors of production in general across Africa, and through fast-tracking the creation of an African continental Free Trade Area
Essay from the year 2016 in the subject Politics - Topic: Public International Law and Human Rights, grade: A, Macquarie University, course: Law, language: English, abstract: The Dispute Settlement Procedure (DSP) embodied in the Dispute Settlement Understanding (DSU) of the World Trade Organisation (WTO) is a highly effective mechanism to ensure disputes are resolved in a reasonable period of time. However, it does not satisfactorily address the needs of developing countries to access the DSP. This could be reformed through financial and legal assistance for these countries. In addition, a more substantiated non-compliance clause could assist the timely resolution of disputes so as to not disrupt the free flow of international trade in goods and services, a key objective of the WTO system.
Political momentum towards Africa-wide free trade has been intensifying. In March 2018, over 40 countries signed the African Continental Free Trade Area (AfCFTA) agreement. Once fully implemented, the AfCFTA is expected to cover all 55 African countries, with a combined GDP of about US$2.2 trillion. This SDN takes stock of recent trade developments in Sub-Saharan Africa and assesses the potential benefits and costs of the AfCFTA, as well as challenges to its successful implementation. In addition to increased trade flows both in existing and new products, the AfCFTA has the potential to generate substantial economic benefits for African countries. These benefits include higher income arising from increased efficiency and productivity from improved resource allocation, higher cross-border investment flows, and technology transfers. Besides lowering import tariffs, to ensure these benefits, African countries will need reduce other trade barriers by making more efficient their customs procedures, reducing their wide infrastructure gaps, and improving their business climates. At the same time, policy measures should be taken to mitigate the differential impact of trade liberalization on certain groups as resources are reallocated in the economy and activities migrate to locations with comparatively lower costs.
"In 2019, African heads of state and governments launched in fanfare the African Continental Free Trade Agreement (AfCFTA), a historic agreement for economic transformation across the continent. But now comes the hard bit: how to make the agreement a success? In this book, senior experts from across the world come together to provide a comprehensive analysis of the conditions needed for AfCFTA to successfully spur economic development in Africa. It puts forward three foundations for success: demography dividend, digital economy, and economic diversification. In addition to trade policy, the book recommends that African policymakers should strengthen fiscal and monetary policy coordination, adopt and implement the appropriate regulatory environment, and build suitable connectivity infrastructure. The stakes are high. If implemented correctly, the book argues that AfCFTA could speed up trade within Africa, which could double every five years. Success would mean growth, investment, changing trade patterns, jobs, economic transformation, poverty reduction, and a continental market for services. Driven by concrete, evidence-based strategies for long-term growth, this book is an essential read for policy makers, development practitioners, economics researchers, and everyone with an interest in the future of Africa"--
