Intra-African Trade

Proposed Solutions for Sub-Saharan Africa for Food and Agriculture in the Context of COVID-19

The shortcomings of the current legal and policy framework does not mean that responses to COVID19 should be lacking. Instead, there is adequate room for responses as we learn lessons and take notes to do better. The best way to move policy and law is to ensure that it is constantly reviewed to make sure they serve their purpose.

COVID-19 in Africa: A time for Despair or an Opportunity to Change the Direction of Travel?

The tragedy of the COVID-19 crisis has laid bare the frailties of African economies. COVID-19 has taught us, in the harshest way possible, that we are only as strong as the most vulnerable among us. This has compelled African leaders to recognize that regional cooperation is at the crux of the solution to the COVID-19 crisis. Hopefully, this positive momentum towards regional cooperation will extend to tackling the broader welfare issues challenging African societies.

Preserving Africa’s Fiscal Sustainability in the Wake of the African Continental Free Trade Area Agreement

It is trite to mention that the benefits and costs from trade expansion may never be evenly distributed across ACs. However, the estimated revenue loss should not be considered as an absolute loss for ACs as the long-term benefits, facilitated by adjustment support remain significant. It will allow comparative advantage to thrive, thereby granting customers and firms access to cheaper products/raw materials in the continent.

The African Continental Free Trade Area Competition Policy: Model, Dispute Resolution Mechanism, Institutional Framework and AfCFTA Relationship with Existing Regional Competition Regimes

A competition policy at the continental level is not only important to meet the objectives of the AfCFTA, but it will provide a forum to strengthen and develop existing competition regimes. The AfCFTA, creates a wide continental market and a competition policy will provide African countries with the power to police international anti-competitive conduct by pulling resources that will enhance global trade. However, for a competition policy to be effective, the AfCFTA must continue to build on the efforts made at the national and regional levels. Member States should take this opportunity and negotiate on the future continental competition policy taking into consideration the African markets and its role in global markets.

Concurrent Jurisdiction between the World Trade Organization and the AfCFTA Dispute Settlement Systems

In order to address a scenario where a AfCFTA member might resort to the WTO and still want the dispute to be resolved under the AfCFTA’s dispute resolution protocol, then this article proposes that the latter Protocol should be amended to the effect that, matters raised in the WTO context and in AfCFTA’s context should be considered not to be the same.

FREE TRADE: A PIPE DREAM FOR AFRICA?

The AfCFTA seeks to change the manner in which African states trade with each other. The existence of the AfCFTA is what Roscoe Pound termed using the law as a tool of social engineering. The African Union in creating the AfCFTA intended to promote, facilitate and eventually experience free intra-African trade. This review appreciates the AfCFTA but seeks to criticize a loophole it has created

A Future Court without Cases? On the Question of Standing in the AfCFTA Dispute Settlement Mechanism

One would be justified in thinking that AU member states have intentionally created a court which they consciously know they would hardly use given the inertia identified above. If the reforms that would extend standing to private parties are not undertaken, there is little guarantee that Member States will suddenly change their habits. Assuming for once that they trigger the mechanism, it is also very likely that, consistent with their practice for political solutions to legal problems, they would not proceed beyond the consultation and good offices stages provided in Articles 7 and 8 of the Dispute Settlement Protocol.

Selection of Ghana to Host the AfCFTA Secretariat is a Befitting tribute to Kwame Nkrumah

Ghana and its founding father, Kwame Nkrumah, have played a pivotal role in the Africa’s revolution, integration and the evolution of Pan Africanism in general.  Besides his prolific writings, which cemented his place as a foremost proponent of Pan Africanism, Nkrumah was not only a freedom fighter, but also one of the recognisable organisers of the 1945 Manchester Pan Africa congress which primarily advocated for decolonisation of the continent and the supplanting of colonialism with African socialism.

Variable Geometry of African integration and AfCFTA

In my view variable geometry is likely to further slow down the implementation of the AfCFTA because it is a way to accommodate less advantageous countries or countries unwilling to move as fast as others.  Even if variable geometry is the only way to move forward in trade agreements of the 21th century as some have argued, it makes trade liberalization more complicated and slows down integration initiatives. More detailed research on variable geometry from an African perspective needs to be undertaken because the continent cannot afford the potential failure of the AfCFTA.