Efficiency, effectiveness and pragmatism: What next for dispute resolution under AFCFTA and the investment protocol?

Seriki, Hakeem and Egwuatu, Ifeanyi (2025) Efficiency, effectiveness and pragmatism: What next for dispute resolution under AFCFTA and the investment protocol? Civil Justice Quarterly. ISSN 0261-9261 (In Press)

Microsoft Word (OpenXML) (AfCFTA Article for CJQ final June 2025) - Accepted Version Restricted to Repository staff only until 8 July 2026. Request a copy

Abstract

The African Continental Free Trade Area Agreement (AfCFTA) was signed in March 2018 to boost intra-African trade and will transform economic integration in Africa by creating the largest free trade area in the world measured by the number of countries participating. In 2023, one of the most important protocols under AfCFTA, the Investment Protocol was adopted without a dispute resolution mechanism. Central to the success or otherwise of AfCFTA is the existence of an effective dispute resolution mechanism to resolve disputes arising under the Investment Protocol. Indeed, any dispute resolution mechanism adopted must be efficient, effective and pragmatic. This article examines four practical options that could be adopted and argues that a reformed form of ISDS should be adopted given it is the most efficient, effective and pragmatic option in the short to medium term.

Item Type:	Article
Uncontrolled Keywords:	the african continental free trade area agreement, afcfta, investment protocol, african investment court, investment treaty arbitration, isds, international dispute resolution, private international law.,4* ,/dk/atira/pure/researchoutput/REFrank/4_
Faculty \ School:	Faculty of Social Sciences > School of Law
UEA Research Groups:	Faculty of Social Sciences > Research Groups > International Law
Depositing User:	LivePure Connector
Date Deposited:	08 Jul 2025 09:30
Last Modified:	09 Jul 2025 12:30
URI:	https://ueaeprints.uea.ac.uk/id/eprint/99858
DOI:

Actions (login required)

View Item