The African Continental Free Trade Area: Toward a New Legal Model for Trade and Development

Kuhlmann, Katrin; Agutu, Akinyi Lisa

doi:10.2139/ssrn.3599438

Cited by 6 publications

(5 citation statements)

References 22 publications

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“…Further, states with unique “trade needs, specificities and circumstances” will be granted flexibility and special and differential (S&D) treatment will “apply to flexibilities in transitional periods for liberalization, exemptions as well as other measures within […] negotiations applicable to Member/Partner States at different levels of socio-economic development” (COMESA, EAC, SADC, 2018, p. 7). As noted by others, S&D treatment is an accepted and common feature of trade agreements, even in relation to IP (Kuhlmann and Agutu, 2020, p. 764). The TRIPS Agreement provides for transition periods for least developed countries (LDCs), which, in effect, places different obligations on countries at different levels of development by granting LDCs a “grace period” during which they do not have to comply with the whole of the agreement.…”

Section: Intellectual Property Protocol Provisionsmentioning

confidence: 85%

Intellectual property and the African continental free trade area: lessons and recommendations for the IP protocol

Ncube

2022

JITLP

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Purpose This paper aims to explore the contours of the future intellectual property (IP) protocol of the African Continental Free Trade Area (AfCFTA) Agreement. Design/methodology/approach This paper frames the IP protocol within the architecture of the AfCFTA Agreement, meaning that it will follow the structure of other protocols and will be guided by the Agreement’s foundational principles and objectives. With the place, shape and form of the protocol so established, the paper considers the substantive aspects that ought to be addressed. It also considers provisions on technical assistance, capacity building and cooperation. Findings The paper finds that the Tripartite Free Trade Phase 2 IP agenda is a credible starting place, which must be broadened to better meet gendered challenges and the continent’s developmental priorities. This will entail including provisions on specific aspects enumerated in the paper, which must be aligned with provisions on technical assistance, capacity building and cooperation to enhance implementation. The best outcomes in the negotiation, adoption and implementation of the IP protocol will be achieved by an inclusive approach incorporating all national, sub-regional and regional institutions guided by coherent policy and coordinated to ensure efficiency in resources and capacity mobilisation. Originality/value To the best of the author’s knowledge, this is the first paper to formally consider both the architecture and substantive provisions of the future AfCFTA IP protocol with specific focus on gendered dimensions.

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Section: Intellectual Property Protocol Provisionsmentioning

confidence: 85%

Intellectual property and the African continental free trade area: lessons and recommendations for the IP protocol

Ncube

2022

JITLP

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“…As stated above, there are divergences in the degree of integration of RECs as well as their rules and procedures. However, the AfCFTA does not provide sufficient guidance on its interplay with the RECs (Kuhlmann and Agutu, 2020) and the implications of the divergent rules on its further integration plans.…”

Section: Challengesmentioning

confidence: 99%

“…The high and increasing number of members of the AfCFTA makes it “the world’s largest free trade area according to the number of contracting parties” (Vickers, 2022). Besides, the fact that the AfCFTA “generated significant political will at the same time that the WTO crisis, Brexit, and the U.S.-China trade agreements are wreaking havoc on international trade law” (Kuhlmann and Agutu, 2020, p. 757) makes it even a more significant achievement of AU Member States. It has also been remarked that “the AfCFTA represents a significant moment for African states to harness the continent’s international trade and investment opportunities on their own terms” (Akinkugbe, 2021, p. 284).…”

Section: The Afcfta: Objectives Institutional Architecture and Key Ag...mentioning

confidence: 99%

The African continental free trade area: the road ahead for the continent’s bold integration project

Hagos

2023

JITLP

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Purpose This paper aims to examine the road ahead for the African Continental Free Trade Area (AfCFTA), focusing on its potential opportunities and challenges. It is intended to help the AfCFTA’s effective implementation by highlighting the major areas of intervention for State Parties. Design/methodology/approach The paper analyses relevant economic, political and legal research sources on regional integration in Africa and offers some personal views of the author to evaluate the past, present and future of the AfCFTA. Findings The paper shows that the AfCFTA can support its State Parties’ industrialization and diversification, better integrate micro-, small- and medium-sized enterprises (MSMEs) to regional value chains, create jobs, encourage sustainable investments and help its State Parties have common positions on global issues and achieve development. But, it also shows the challenges facing the AfCFTA, which include infrastructure gap, revenue and job losses, overlapping membership of State Parties in Regional Economic Communities, cumbersome customs systems, difficulty to cross African borders, fledgling MSMEs and inadequate technical capacity on trade policy. Accordingly, it recommends that State Parties continuously take various actions to address these challenges and maximize the multiple benefits of the AfCFTA. Originality/value The paper provides a comprehensive and up-to-date appraisal of the opportunities and challenges of the AfCFTA, both in the context of the history of regional integration in Africa and the recent global shocks that adversely impacted the continent (COVID-19 and the war in Ukraine).

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“…The EU stands as a testament to regional integration, influencing trade policies internally and globally, despite challenges like Brexit highlighting complexities of supranational governance (Oliver, 2015). In Global South, initiatives like ACFTS mark a significant move toward the regional economic integration, (Kuhlmann & Agutu, 2019). These institutions and agreements, while serving as frameworks for economic transactions, also embody humanity's quest for balanced coexistence, intertwining economic prosperity with the social justice, environmental sustainability, as well as the cultural preservation.…”

Section: Evolution Of International Trade Lawmentioning

confidence: 99%

Pixels and Policy: The Symbiotic Relationship Between Digitalization and International Trade Legislation

Usman,

khaliq,

Shaheen

2023

JSRD

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In an era where digital frontier continually reshapes our jurisprudential landscape, this research embarks upon an odyssey to decipher its complex tapestry. Employing a qualitative approach, it delves deep into interplay between burgeoning data realms and legal scaffolds, drawing insights from extensive array of scholarly literature. The investigation unveils that confluence of data and law transcends mere operational shifts; it signals a profound transformation in our societal ethos. Findings underline the dual-edged nature of this evolution: while legal tech offers unparalleled chances for enhanced oversight and efficiency, it concurrently provokes challenges related to privacy & surveillance. In conclusion, as we stand at cusp of this digital jurisprudential metamorphosis, it becomes imperious to cultivate a balance, imbuing legal structures with prowess of technology yet anchored by enduring tenets of justice and human rights. The suggestions include fostering interdisciplinary dialogues & proactive regulatory frameworks, ensuring that our march into the digital future remains both the innovative and ethically grounded.

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The African Continental Free Trade Area: Toward a New Legal Model for Trade and Development

Cited by 6 publications

References 22 publications

Intellectual property and the African continental free trade area: lessons and recommendations for the IP protocol

Intellectual property and the African continental free trade area: lessons and recommendations for the IP protocol

The African continental free trade area: the road ahead for the continent’s bold integration project

Pixels and Policy: The Symbiotic Relationship Between Digitalization and International Trade Legislation

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