AfCFTA and lex mercatoria: reconceptualising international trade law in Africa

Journal article


Onyejekwe, C. and Ekhator, E. 2020. AfCFTA and lex mercatoria: reconceptualising international trade law in Africa. Commonwealth Law Bulletin. 47 (1), pp. 93-112. https://doi.org/10.1080/03050718.2020.1812097
AuthorsOnyejekwe, C. and Ekhator, E.
Abstract

This paper focuses on the Agreement for the Establishment of the African Continental Free Trade Area (AfCFTA). It argues that commercial activities in precolonial Africa was akin to the phenomenon of lex mercatoria in medieval Europe. It discusses two major tenets embedded in the AfCFTA: the variable geometry principle and the dispute settlement mechanism. It
argues that for structural and comparative purposes, these principles (variable geometry and dispute settlement) form the kernel of modern lex mercatoria in the African context. This paper concludes by advocating that the AfCFTA will enhance the principles of lex mercatoria by promoting African trade principles.

KeywordsAfCFTA; Trade law; Lex Mercatoria; Africa
Year2020
JournalCommonwealth Law Bulletin
Journal citation47 (1), pp. 93-112
PublisherTaylor and Francis Online
ISSN0305-0718
1750-5976
Digital Object Identifier (DOI)https://doi.org/10.1080/03050718.2020.1812097
Official URLhttp://doi.org/10.1080/03050718.2020.1812097
Publication dates
Online08 Sep 2020
Publication process dates
Accepted24 Aug 2020
Deposited25 Feb 2021
Accepted author manuscript
License
File Access Level
Open
Output statusPublished
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https://repository.canterbury.ac.uk/item/8x000/afcfta-and-lex-mercatoria-reconceptualising-international-trade-law-in-africa

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