The Agreement Establishing the African Continental Free Trade Area: Historical Context and Evaluation of the Legal Texts

This article gives an overview of the historical developments that led to the establishment of the African Continental Free Trade Area (AfCFTA). The signing of the Agreement Establishing the African Continental Free Trade Area (AfCFTA Agreement) on 21 March 2018 and its coming into force on 30 May 2019 was historic. The adoption of a legal framework and the legal texts of the AfCFTA was a major practical step towards fulfilling the dream of the continent’s political leadership of the African Economic Community envisioned under the Treaty Establishing the African Economic Community (Abuja Treaty). The speed with which the AfCFTA Agreement was signed and ratified shows Africa’s determination to boost intra-Africa trade. The agreement is a game changer for Africa. It lays a foundation for African Union members to conduct trade with one another. This article analyses the AfCFTA Agreement, which comprises the overarching framework agreement and its eight protocols. Each of these protocols interlinks and contributes to the objectives of the AfCFTA Agreement through deepening economic integration. The aim is to advance the creation of a continental customs union that will lead to a common market and an economic community in the future.