Dispute Settlement in the AfCFTA Investment Protocol

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.