Dispute settlement in the AfCFTA investment protocol
Journal article
Idornigie, Paul and Moneke, Enuma 2025. Dispute settlement in the AfCFTA investment protocol. Journal of World Investment and Trade. 26, pp. 1-45. https://doi.org/10.1163/22119000-12340388
| Authors | Idornigie, Paul and Moneke, Enuma |
|---|---|
| Abstract | The African Continental Free Trade Area Agreement 2018 and its Protocols are some of the most notable efforts by the African Union to improve economic integration in recent times. These instruments are timely because Africa has remained the weakest continent in the area of trade, investments and economic integration. Although, African States have previously concluded agreements to harmonise the domestic trade and investment policies for economic integration, it is expected that the Protocol to the Agreement Establishing the African Continental Free Trade Area on Investment 2023 (Investment Protocol) will have a more far-reaching impact. However, to achieve this, the available dispute settlement mechanisms must be adequate and perceived to be legitimate given the backlash against traditional investor-State dispute settlement (ISDS), particularly investor-State arbitration. Accordingly, this article makes proposals for reform of ISDS rules and mechanisms for the Investment Protocol and concludes that these are crucial for economic integration in Africa. |
| Keywords | AfCFTA investment protocol; Economic integration; Investor-state dispute settlement; Pan-African investment court |
| Year | 2025 |
| Journal | Journal of World Investment and Trade |
| Journal citation | 26, pp. 1-45 |
| Publisher | Brill |
| ISSN | 1660-7112 |
| 2211-9000 | |
| Digital Object Identifier (DOI) | https://doi.org/10.1163/22119000-12340388 |
| Official URL | https://brill.com/view/journals/jwit/aop/article-10.1163-22119000-12340388/article-10.1163-22119000-12340388.xml |
| Publication dates | |
| Online | 16 Oct 2025 |
| Publication process dates | |
| Accepted | 18 Aug 2025 |
| Deposited | 30 Oct 2025 |
| Accepted author manuscript | License File Access Level Open |
| Output status | Published |
| Additional information | Publications router. |
Permalink -
https://repository.canterbury.ac.uk/item/9w609/dispute-settlement-in-the-afcfta-investment-protocol
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Accepted author manuscript
| Accepted Word Version of Article ( Dispute Settlement under the AfCFTA).pdf | ||
| License: CC BY-NC-ND 4.0 | ||
| File access level: Open | ||
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