AFCFTA's Adoption of WTO Dispute Resolution Rules and Procedures: A Decision to Regret?
Article from: TDM 2 (2023), in Africa
Abstract
This article critically addresses the substantial reproduction of the World Trade Organisation (WTO) 's dispute settlement mechanism in the recent AfCFTA's Dispute Settlement Protocol (hereinafter the 'DS Protocol' or the 'Protocol'). The work suggests that the concerns about the system's reproduction should be set aside. The WTO dispute settlement procedures and rules copied by the DS Protocol provide a more reliable guarantee that decisions and recommendations will effectively be carried out. This work advocates the revision of provisions - which seem to be carelessly copied into the ...