The (F)Law Behind the Pan-African Online Payment System
摘要
This chapter discusses Pan-African Payment and Settlement System (PAPSS), a first-ever continent-wide online payment system. Today, cross-border payments require third currency, usually a hard currency, such as the United States dollar or the Euro, which takes time, increases transaction costs, and poses risks that parties will disagree over exchange rates. The PAPSS aims to make it easier for individuals and businesses to buy goods and services online in local currencies. Afreximbank set up the PAPSS as one of the five instruments specially designed to implement the African Continental Free Trade Area Agreement. However, unless Afreximbank or the PAPSS provides the monetary infrastructure necessitated by deeper levels of regional economic integration, they will doom the PAPSS to fail. Scholars have not yet probed the law and economics behind this digital platform, nor has anyone examined how the system will interact with the electronic transactions laws and payment-and-settlement systems (PSS) of the municipal laws of the African Union. Yet understanding this legal and policy framework, if any, can prevent major disputes from arising a few months or years down the line. The author argues that the biggest flaw of the PAPSS is that it lacks a proper law. This (f)law renders the PAPSS unnecessarily cloudy and complex, while inducing traders to stay away from the PAPSS and weakening public confidence in this payment platform.