Safeguards for the AfCFTA to Avoid the WTO Appellate Body Situation
Safeguards for the AfCFTA to Avoid the WTO Appellate Body Situation
Emmanuel Kwabena Owusu Amoah
 
ABSTRACT: In 2018, fifty-four African nations established the Africa Continental Free Trade Area (AfCFTA), creating the world's largest free trade area. This paper scrutinizes the AfCFTA’s dispute resolution system, which draws inspiration from the World Trade Organization's (WTO) system—currently hampered by a deadlock in its appellate body, leaving 24 cases unresolved. Through a comparative analysis, this study reveals that the AfCFTA is at risk of encountering similar deadlock issues due to procedural shortcomings. The analysis employs a SWOT framework to evaluate both systems, identifying crucial areas where the AfCFTA’s mechanism could falter. Key findings suggest that mere procedural tweaks are insufficient; the paper argues for comprehensive reforms, including specific amendments to the AfCFTA protocol to refine the panel selection process and mitigate potential grievances. Immediate action is advocated to implement these reforms, ensuring the dispute resolution system's effectiveness and averting the pitfalls experienced by the WTO. This paper contributes to the discourse by delineating actionable steps to fortify the AfCFTA against foreseeable challenges in dispute resolution.

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