Regional Trade Agreements

Three Painful Lessons the African Union Should Learn from the Southern African Customs Union

While the AfCFTA is most probably the next best thing in terms of economic benefits (for instance, huge trade volumes and larger financial flows) since states on the continent created the AU itself, it poses certain dangers. In particular, like SACU, the CCU envisaged in the AfCFTA Agreement will likely injure the economies of some of its member states. And, unless the AU delegates custom-design it carefully, bearing in mind the policy choices brought up in this piece and in older regional trade agreements, the CCU can prove prohibitively costly.

My Views on WTO Reform

At the heart of the WTO system is the commitment to the foundational principles of MFN and national treatment. But in a world predicated upon national interest and economic power, the most powerful may not consider multilateral rule-based commitments to be optimal to the achievement of their national interests. One feature of the WTO dispute settlement system is that every Member of the WTO is entitled to have their dispute determined under agreed rules. This is a basic feature of rules-based dispute settlement. The rules, impartially applied, have no regard to the economic power of the parties. The settlement of disputes by recourse to rules of general application yield outcomes that do not depend upon which member is more powerful.

REVIEW I of Regional Developmentalism through International Law – Establishing an African Economic Community, Jonathan Bashi Rudahindwa, Routledge, 2018

Rudahindwa’s contribution lies in his articulation of the need for institutions and legal frameworks to reflect these multiple objectives of African RECs. In this regard, he ably demonstrates how the specific objectives of NAFTA, ASEAN, MERCOSUR and the EU have informed the nature of the institutions that manage their respective organisations and their legal frameworks, including how they address issues such as the relationship between the laws of the organisations and their member states, the bindingness of agreed commitments and laws, and dispute settlement.

How to Implement the AfCFTA

Thus, for purposes of AfCFTA sustainability, AfCFTA implementation mechanisms should: integrate inclusive and participatory decision-making process; retain policy space for national interests; and extend AfCFTA benefits to all society groups—women, youth, people with disabilities, and Micro, Small and Medium Enterprises (MSMEs)—without comprising the sustainability of environmental resources.

Negotiating the AfCFTA in the Shadow of International and Regional Struggle for Power: A Caution!

The AfCFTA has a broad objective of creating “a single continental market for goods and services, with free movement of business persons and investments” and a potential to significantly impact international trade relations simultaneously at the continental and global levels. Yet, situated in the context of a challenging and protracted history of non-implementation of regional trade agreements, and a complex international and regional trade wars with divisive implications in contemporary multilateral trading system, there are reasons to be modest about the impact of the AfCFTA.