Legal texts on trade facilitation : comparative analysis of the World Trade Organisation and the African Continental Free Trade Area

Abstract

Trade agreements are a common feature in international economic law as they govern trade relations between states. These agreements are anchored by a firm foundation of the requisite legal provisions to support trade. In this regard, the World Trade Organisation (WTO) and the African Continental Free Trade Area (AfCFTA) have each developed their own legal texts that acknowledge the significance of trade facilitation and would, when implemented, facilitate the movement of goods and services across international borders. The thesis was a comparative analysis of the legal texts on trade facilitation of the WTO and the AfCFTA whose aim was to identify the resemblances and divergences between the two. The WTO has a broader mandate of global trade and ensures that trade amongst its members is conducted in conformity with global rules. On the other hand, the AfCFTA is a trade agreement that has been negotiated by African member states pursuant to the political vision of the African Union (AU), and within the confines of WTO, specifically Article XXIV of GATT 1994. This research was therefore undertaken against the backdrop of these seemingly contradicting circumstances. The central research question for the study concerns the differences and similarities between the legal texts on trade facilitation of the WTO and the AfCFTA. The study was qualitative involving a desktop review of primary and secondary sources of data. Among others, the thesis finds that the AfCFTA complies with the strategic goals of the AU, and at the same time, complements the multilateral trading system of the WTO. The thesis concludes that while there are certain similarities, the legal texts on trade facilitation of the WTO and the AfCFTA are different. The inherent dissimilarities in the texts are not contrary to the principles of the WTO. The thesis contributes to scholarly literature in trade facilitation with respect to both the AfCFTA and the WTO. It also identifies new areas for further studies and provides the necessary groundwork. The study recommends some improvements that can be made to the respective legal texts on trade facilitation.