Assessing the jurisdiction of the AfCFTA dispute settlement mechanism: should private parties have a seat at the table?

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dc.contributor.authorK'obonyo, G. A.
dc.date.accessioned2025-11-14T10:26:11Z
dc.date.available2025-11-14T10:26:11Z
dc.date.issued2024
dc.descriptionFull - text undergraduate research project
dc.description.abstractThis study interrogates the African Continental Free Trade Area’s dispute settlement mechanism. It is mostly focused on the jurisdiction of this body and assesses whether limiting its jurisdiction to inter-state trade disputes would render the mechanism ineffective. This is because by limiting the jurisdiction of the panels and the Appellate Body to only State Parties, the body risks locking out individuals from seeking remedies at this level, a trend not common within African Regional Economic Blocs. Additionally, it has been recorded that African States rarely litigate against each other in trade-related disputes. They usually opt for alternative means of dispute settlement such as negotiation, mediation and conciliation. This paper argues that this ‘new’ trend may render the AfCFTA dispute settlement body ineffective. If the dispute settlement mechanism is ineffective, the AfCFTA may be unable to achieve the goal of continental economic integration. This is because it ideally, plays a central role in enabling the goals of the AfCFTA. It does so by ensuring that State Parties comply with their obligations. Additionally, the intended role of the panels and the Appellate Body is to interpret and apply the provisions of the Agreement, thus bringing harmony and certainty to the system. A study of the practices of the African Regional Economic Communities, specifically the East African Community and the South African Development Community shows that legal and natural persons play a vital role in ensuring that the dispute settlement body is active and effective. They most often trigger the dispute settlement process by referring matters to the adjudicating body for settlement, thus enabling it to fulfill its role in the community. This has also enabled them to achieve their goals and objectives in Regional Economic Integration. In light of this, this study recommends that the jurisdiction of the African Continental Free Trade Area’s dispute settlement mechanism should include claims raised by legal and natural persons. In doing so, the adjudicating body is guaranteed to effectively play its intended role, thus contributing to Regional Economic Integration.
dc.identifier.citationK’obonyo, G. A. (2024). Assessing the jurisdiction of the AfCFTA dispute settlement mechanism: Should private parties have a seat at the table? [Strathmore University]. http://hdl.handle.net/11071/15850
dc.identifier.urihttp://hdl.handle.net/11071/15850
dc.language.isoen
dc.publisherStrathmore University
dc.titleAssessing the jurisdiction of the AfCFTA dispute settlement mechanism: should private parties have a seat at the table?
dc.typeThesis
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