Book Review Symposia

The AfCFTA, which aims at setting up a single market for goods and services ‘from Cairo to Cape Town’, is the subject of the eloquent monograph written by Professor Kufuor. The author, a well-known scholar on African legal affairs, has published extensively, inter alia, on world trade, on (the problems of) African integration and on RECs. Therefore, he is eminently qualified to write about the pan-African ‘Trading Order’.

This paper explores the persistence of protectionist trade policies across Africa and their implications for economic development, regional integration, and the African Continental Free Trade Area (AfCFTA). While protectionism can support emerging industries and strategic sectors, excessive reliance on it undermines long-term growth and regional cooperation. Kofi Oteng Kufuor’s work on protectionism in Africa, as a sub-part of his recent monograph The African Continental Free Trade Area Agreement: the Development of a Rules-Based Trading Order, dissects the problem of protectionism within Africa. He demonstrates the threat to the planned single market from a range of forces, that can operate on two-levels, the sub-regional level and the regional level. African countries have stunted intra-African trade with protectionism. Drawing from historical developments, legal frameworks, and policy case studies—including Nigeria’s 2019–2020 border closure—the study evaluates the balance between national trade protection and continental liberalization efforts. It also highlights institutional and regulatory constraints that hinder AfCFTA’s implementation. The paper concludes by advocating for a pragmatic approach to trade policy—combining time-bound protectionism with structural reforms to foster sustainable development and pan-African economic unity.

The author provided a historical basis for any scholar or student of international economic law, development, and international relations to understand the underlying factors behind the current unequal trade structure and arrangements within the World Trade Organization. Therefore, African leaders must collectively seek to dismantle all international legal instruments with colonial legacies, enhancing economic bargaining and prospects for the continent.

The rise of Trump is beneficial for Africa. This forms the basis of my argument. Many African nations have grounded their foreign relations in misleading principles. Liberals often appeal to pity, proclaiming, “Oh, we are here to protect human rights.” Conversely, China states, “We are here for deals.” This reflects my perspective. If Africa shifts from this false idealism and adopts a pragmatic approach, it can forge beneficial agreements with the USA, China, and Europe. Such agreements should be founded on genuine, tangible values for value. This should be the guiding principle for international trade in Africa.

The book focuses on special and differential treatment (SDT) of developing countries in the World Trade Organisation. It is carefully researched, draws on a breadth of literature and legal analysis, and presents an original argument on for reforming the system of differentiation within the World Trade Organization (WTO). What Aniekan Ukpe calls a 'differentiated differentiation' approach seeks to resolve contentious and deadlocked debates about the rights and obligations of developing country members. It is on this original approach that the rich historical, ideational and legal analysis of the early chapters of the book builds. The proposed evidence-based and case-by-case system adds a new perspective to academic debates on differential treatment. It has real potential to contribute to ongoing debates in the WTO on reforming differentiation among its members.

The "Special and Differential Treatment Reform in the WTO" by Aniekan Ukpe offers a thorough exploration of the complexities of trade law within the World Trade Organization (WTO), with a particular emphasis on the concept and reform of Special and Differential Treatment (SDT). Ukpe's work is both timely and relevant, addressing some of the most contentious issues in the multilateral trading system. At its core, the book focuses on the critical theme of reforming SDT provisions and practices within the WTO, offering a detailed examination of the current challenges and shortcomings inherent in these provisions. Ukpe conducts a thorough review of existing reform proposals, critically analysing their effectiveness and identifying gaps that have impeded meaningful progress. A central element of his work is the introduction of a unique, rules-based approach he terms "differentiated differentiation." This method advocates for defining agreement-specific or provision-specific criteria for SDT, ensuring that eligibility is based on objective and measurable factors related to a country’s capacity to implement specific rules, rather than on broad country categorization. The book goes beyond conceptual discussion by demonstrating the practical operationalisation of the approach, using the WTO’s customs valuation agreement as a case study.