The global success of regional economic communities and the need to promote trade and investment among Africans were at the forefront of the African Continental Free Trade Agreement (AfCFTA). While the seeds of AfCFTA date back to the African independence struggle, the emergence of a formidable institution with a battery of legal texts only dates back to 2019, when the dream finally hits the ground. Globally acclaimed as the largest Free Trade Area by size, AfCFTA is conceived under the aegis of the African Union, as Africa’s solution to Africa’s problems. This chapter zooms into the legal and institutional framework governing the AfCFTA with a specific interests in its legal framework, underlying rules, dispute resolution mechanism, conflicts of rules among others. Based on doctrinal research method, this chapter argues that the legal and institutional framework of AfCFTA is commendable, but there are some antipodal hurdles, that beset its smooth implementation. Major areas for reforms hover around overlapping rules between RECs and AfCFTA, dispute resolution mechanisms and implementation hurdles. This chapter concludes with recommendations and potential areas for reform.

错误:搜索内容不能为空,请输入英文关键词
错误:关键词超出字数限制,请精简
高级检索

Legal and Institutional Frameworks Governing the AfCFTA

  • Boris Awa

摘要

The global success of regional economic communities and the need to promote trade and investment among Africans were at the forefront of the African Continental Free Trade Agreement (AfCFTA). While the seeds of AfCFTA date back to the African independence struggle, the emergence of a formidable institution with a battery of legal texts only dates back to 2019, when the dream finally hits the ground. Globally acclaimed as the largest Free Trade Area by size, AfCFTA is conceived under the aegis of the African Union, as Africa’s solution to Africa’s problems. This chapter zooms into the legal and institutional framework governing the AfCFTA with a specific interests in its legal framework, underlying rules, dispute resolution mechanism, conflicts of rules among others. Based on doctrinal research method, this chapter argues that the legal and institutional framework of AfCFTA is commendable, but there are some antipodal hurdles, that beset its smooth implementation. Major areas for reforms hover around overlapping rules between RECs and AfCFTA, dispute resolution mechanisms and implementation hurdles. This chapter concludes with recommendations and potential areas for reform.