REGIONALISM AND LEGAL INTEGRATION IN AFRICA: THE ROLE OF DISPUTE SETTLEMENT UNDER THE AFRICAN CONTINENTAL FREE TRADE AREA (AFCFTA)

The African Continental Free Trade Area (AfCFTA) is a landmark initiative aimed at deepening regional economic integration through a rules-based continental trade regime. Central to this framework is the Dispute Settlement Mechanism (DSM), established to ensure the consistent interpretation, application and enforcement of AfCFTA obligations. This article examines the role of the AfCFTA DSM in advancing legal integration within Africa’s fragmented regional trade architecture. Adopting a doctrinal and comparative methodology, it analyses the legal framework of the AfCFTA DSM alongside the dispute settlement systems of the World Trade Organization (WTO) and the International Centre for Settlement of Investment Disputes (ICSID). The article argues that although the DSM provides an important institutional foundation for legal integration, its effectiveness is constrained by jurisdictional fragmentation, enforcement challenges, sovereignty concerns, and uneven State participation. It contends that the mechanism nevertheless possesses significant potential to foster interpretative coherence, strengthen compliance, and contribute to the development of African trade jurisprudence. It concludes that the DSM can serve as a cornerstone of Africa’s evolving legal and economic integration project. The article recommends the operationalisation of the appellate mechanism, clarification of relations with regional economic community tribunals, and targeted capacity-building for State Parties.

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Publication Details

Journal
International Journal of Labour and Gender Rights Law
Published
2026-10-15
Primary Topic
World Trade Organization Law
Type
article
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article

REGIONALISM AND LEGAL INTEGRATION IN AFRICA: THE ROLE OF DISPUTE SETTLEMENT UNDER THE AFRICAN CONTINENTAL FREE TRADE AREA (AFCFTA)

Collins E. Daniel
International Journal of Labour and Gender Rights Law
World Trade Organization Law
article

REGIONALISM AND LEGAL INTEGRATION IN AFRICA: THE ROLE OF DISPUTE SETTLEMENT UNDER THE AFRICAN CONTINENTAL FREE TRADE AREA (AFCFTA)

Collins E. Daniel
article en

Abstract

The African Continental Free Trade Area (AfCFTA) is a landmark initiative aimed at deepening regional economic integration through a rules-based continental trade regime. Central to this framework is the Dispute Settlement Mechanism (DSM), established to ensure the consistent interpretation, application and enforcement of AfCFTA obligations. This article examines the role of the AfCFTA DSM in advancing legal integration within Africa’s fragmented regional trade architecture. Adopting a doctrinal and comparative methodology, it analyses the legal framework of the AfCFTA DSM alongside the dispute settlement systems of the World Trade Organization (WTO) and the International Centre for Settlement of Investment Disputes (ICSID). The article argues that although the DSM provides an important institutional foundation for legal integration, its effectiveness is constrained by jurisdictional fragmentation, enforcement challenges, sovereignty concerns, and uneven State participation. It contends that the mechanism nevertheless possesses significant potential to foster interpretative coherence, strengthen compliance, and contribute to the development of African trade jurisprudence. It concludes that the DSM can serve as a cornerstone of Africa’s evolving legal and economic integration project. The article recommends the operationalisation of the appellate mechanism, clarification of relations with regional economic community tribunals, and targeted capacity-building for State Parties.

International Journal of Labour and Gender Rights Law
Openalex Percentile: Top 3%
World Trade Organization Law
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