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Assessing the African continental free trade area protocol on rules and procedures on the settlement of disputes
Mini Dissertation (LLM (International Trade and Investment Law in Africa))--University of Pretoria, 2023.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2023
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| _version_ | 1867613494247948288 |
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| access_status_str | Open Access |
| author2 | Masamba, Magalie |
| author_browse | Masamba, Magalie |
| author_facet | Masamba, Magalie |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (International Trade and Investment Law in Africa))--University of Pretoria, 2023. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/93538 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:01.683Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/93538 Assessing the African continental free trade area protocol on rules and procedures on the settlement of disputes Masamba, Magalie michaelsaidu2022@gmail.com Dumbuya, Michael Saidu African Continental Free Trade Area (AfCFTA) Dispute Settlement Mechanisms World Trade Organization (WTO) ECOWAS Community Court of Justice (ECCJ) Protocol on Rules and Procedures on the Settlement of Settlement UCTD Mini Dissertation (LLM (International Trade and Investment Law in Africa))--University of Pretoria, 2023. Disputes in any trade arrangement are inevitable, given the significant nature of resources and transactions involved. Therefore, it is prudent for agreements establishing free trade areas to incorporate components of dispute settlement mechanisms. This demonstrates their commitment and willingness to engage in trade within a rules-based system. This study is conducted on the topic of assessing the African Continental Free Trade Area Protocol on Rules and Procedures for the Settlement of Disputes. The primary aim of this study is to address the central research question, which revolves around the potential of the AfCFTA to effectively promote trade and resolve disputes among its member states. The study argues that the AfCFTA dispute system has drawn extensively from the World Trade Organisation (WTO) Dispute Settlement Understanding. Given the numerous challenges currently facing the WTO's dispute settlement mechanism, there is a possibility that the AfCFTA may encounter similar challenges within its own dispute settlement system. Furthermore, this study examines Africa's contributions and participation in international trade, with a specific emphasis on the challenges that African states encounter when utilising the WTO's Dispute Settlement Mechanism. Additionally, it discusses the institutional and legal framework of the AfCFTA dispute system and addresses certain conceptual challenges. Moreover, this study explores the judicial and regulatory system of the Economic Community of West African States (ECOWAS) Court of Justice, drawing valuable lessons that the AfCFTA can incorporate. Finally, the study discusses the research findings and provides recommendations for addressing these challenges. Centre for Human Rights LLM (International Trade and Investment Law in Africa) Unrestricted Faculty of Laws SDG-16:Peace,justice and strong institutions 2023-11-29T10:26:15Z 2023-11-29T10:26:15Z 2023-12-08 2023 Mini Dissertation * D2023 http://hdl.handle.net/2263/93538 10.25403/UPresearchdata.24625248 en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | African Continental Free Trade Area (AfCFTA) Dispute Settlement Mechanisms World Trade Organization (WTO) ECOWAS Community Court of Justice (ECCJ) Protocol on Rules and Procedures on the Settlement of Settlement UCTD Assessing the African continental free trade area protocol on rules and procedures on the settlement of disputes |
| title | Assessing the African continental free trade area protocol on rules and procedures on the settlement of disputes |
| title_full | Assessing the African continental free trade area protocol on rules and procedures on the settlement of disputes |
| title_fullStr | Assessing the African continental free trade area protocol on rules and procedures on the settlement of disputes |
| title_full_unstemmed | Assessing the African continental free trade area protocol on rules and procedures on the settlement of disputes |
| title_short | Assessing the African continental free trade area protocol on rules and procedures on the settlement of disputes |
| title_sort | assessing the african continental free trade area protocol on rules and procedures on the settlement of disputes |
| topic | African Continental Free Trade Area (AfCFTA) Dispute Settlement Mechanisms World Trade Organization (WTO) ECOWAS Community Court of Justice (ECCJ) Protocol on Rules and Procedures on the Settlement of Settlement UCTD |
| url | http://hdl.handle.net/2263/93538 |