“The Interface between African Continental Free Trade Area Agreement and East African Community dispute settlement mechanisms”

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Date

2024

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Addis Ababa University

Abstract

This thesis examines the intersection between the dispute settlement mechanisms of the African Continental Free Trade Agreement (AfCFTA) and the East African Community (EAC), focusing on jurisdictional clarity, risks of forum shopping, and the need for coordination protocols. It analyzes the overlapping jurisdiction between the two systems, leading to uncertainty in resolving trade disputes among common member states. The absence of a clear hierarchy between AfCFTA and EAC dispute settlement raises risks of forum shopping by disputing parties seeking favorable outcomes. Gaps exist in consolidating proceedings and enforcing decisions coherently across the interconnected frameworks. The research aims to provide insights into enhancing dispute resolution effectiveness by proposing guiding principles, legal harmonization strategies, and institutional coordination mechanisms governing interfaces between continental and regional trade agreements exemplied by the AfCFTA-EAC nexus. Overcoming these challenges can promote legal certainty, uphold the rule of law, and facilitate Africa's economic integration objectives.

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