Dispute Settlement Mechanisms in African Regional Economic Communities: Lessons and New Developments

Abstract

Abstract African regional trade agreements often provide for dispute settlement mechanisms and procedures that should be followed. They also establish judicial bodies or tribunals for the respective African Regional Economic Communities. Despite the existence of judicial bodies, African governments do not usually litigate against each other on trade-related disputes. However, the few cases adjudicated by the regional judicial bodies are insightful of how contemporary trade disputes shape the development of community law. With reference to case law, this article presents lessons from regional judicial bodies. Notwithstanding the lessons learnt, there are challenges too. In response to the challenges, new developments on the continent, adopted through the African Continental Free Trade Area signal a move towards respecting rules-based trade through ensuring legal predictability and certainty for trade dispute settlement. Thus, this article will also provide a detailed analysis of the dispute settlement mechanism under the African Continental Free Trade Area, a system akin to World Trade Organisation.