Magister Legum - LLM (Mercantile and Labour Law)

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Protection of state parties’ rights under the dispute settlement mechanism of the African continental free trade agreement: Lessons from the World Trade Organisation
(University of the Western Cape, 2024) Kromah, Abraham Zaqi; Lenaghan, Patricia
This study examines the effectiveness of the dispute settlement mechanism of the African Continental Free Trade Area (AfCFTA DSM) as codified in the Protocol on Rules and Procedures for the Settlement of Disputes (AfCFTA DS Protocol). The primary focus is on whether the AfCFTA DS Protocol ensures that an aggrieved State Party can pursue dispute resolution to a definitive conclusion without it being unfairly stalled or terminated. Two key provisions of the AfCFTA DS Protocol, the decision-making requirement for the establishment of Panels and the decision-making requirement for the establishment of the Appellate Body (AB), are investigated. The study draws a comparative analysis of the provisions of the AfCFTA DS Protocol with the Understanding on Rules and Procedures Governing the Settlement of Disputes of the World Trade Organisation (WTO DSU). The study identifies some gaps in the provisions of the AfCFTA DS Protocol and suggests recommendations for improving the provisions to facilitate the protection of the rights of State Parties under the AfCFTA DSM.