“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.