Whether the African Continental Free Trade Area (AFCFTA) agreement satisfies the requirements for ‘legality' under the applicable WTO law governing regional trade agreements (RTAS)

Nyamangirazi, Nadine

Whether the African Continental Free Trade Area (AFCFTA) agreement satisfies the requirements for ‘legality' under the applicable WTO law governing regional trade agreements (RTAS)

Thesis / Dissertation

2024

Publisher

University of Cape Town

Department

Department of Public Law

Faculty

Faculty of Law

Abstract

The African Continental Free Trade Area (AfCFTA) Agreement is a potentially transformative regional trade agreement (RTA) which aims to stimulate intra-African trade. It exists alongside other RTAs, and alongside the World Trade Organisation (the WTO), which is the umbrella body for international trade. The WTO allows for the creation of RTAs; however, this is subject to certain conditions which are enshrined in the WTO legal framework. These conditions are contained in Article XXIV of the General Agreement on Tariffs in Trade (GATT); The Decision on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries, (the so-called Enabling Clause); and Article V of the General Agreement on Trade in Services (GATS). This dissertation therefore discusses the AfCFTA and whether it satisfies the criteria for legality under the WTO rules. With the AfCFTA still being in its preliminary implementation phase, most research on the AfCFTA focuses on what the AfCFTA is, its prospects of success, and the prospective challenges which may be faced on the road to full implementation. However, there is limited research on issues such as the legality of the AfCFTA under the WTO rules. This is a significant gap in the literature which the dissertation aims to fill. In achieving this goal, an analysis is made on the WTO substantive and procedural rules for legality which are found under the relevant WTO provisions. The analysis will show that to a great extent, the AfCFTA Agreement is consistent with the substantive WTO rules found under Article XXIV of the GATT, the Enabling Clause, and Article V of the GATS. However, the AfCFTA does not meet the procedural requirement to do with notification of RTAs under the WTO rules. The research methods utilised include the review of literature covering the WTO and regional integration, as well as legal and policy documents discussing the AfCFTA Agreement and the WTO itself.

Keywords

international law

Reference:

Collections

Masters

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