A framework of African Continental Free Trade Area dispute settlement mechanism: legal challenges.

The article focuses on the African Continental Free Trade Area (AfCFTA) agreement and its Protocol on Rules and Procedures on the Settlement of Disputes (Dispute Settlement Protocol, DSP), which together establish a continental dispute settlement mechanism (AfCFTA-DSM) for trade disputes among African Union member states. While the AfCFTA-DSM introduces models such as consultation, adjudication, mediation, and arbitration to resolve disputes between State Parties, the article identifies significant legal challenges, including the exclusion of private individuals and companies from accessing the mechanism, unclear jurisdictional overlaps with Regional Economic Communities' DSMs, ambiguities in the Dispute Settlement Body's (DSB) authority during arbitration, and procedural uncertainties such as the handling of rejected reports and the absence of minority opinions and appeal processes in arbitration. These challenges potentially undermine the efficacy, legitimacy, and predictability of the AfCFTA-DSM, prompting recommendations for legal reforms to enhance inclusivity, clarify jurisdiction, and strengthen procedural rules to ensure the mechanism effectively supports intra-African trade and regional integration.