WTO provides the bedrock of international trade law. Thus, it supports open and predictable trade. Regional trade arrangements have become an accepted channel for trade development, consequently, they are recognised by WTO under article XXIV of GATT and the Enabling Clause. Most RIs are brought about by regional trade arrangements. The most common forms of RI are CUs and FTAs. WTO legal framework on RTAs in CUs and FTAs with regards to trade in goods are governed by the Text of Article XXIV GATT. Tanzania has three RTAs – EAC, SADC and AfCFTA. The focus of this study is on two – EAC and SADC. Tanzania is in a multilateral preferential trade arrangement that is inconsistent with WTO requirements on RTAs. That is to say, Tanzania as a member of EAC which is a CU implies that she has to comply with WTO requirements on RTAs as provided for under article XXIV of GATT. The major being to enter into trade agreements collectively with other members of CU and not individually, since they operate as a single customs territory with a common external trade regime. However, Tanzania is both a member of a CU – EAC and a member of an FTA – SADC to the exclusion of other members of CU. WTO members are required to notify WTO upon the formation of RTAs so that the same can be examined by the Committee on RTAs. However, the Committee has enjoyed little success in assessing the consistency of the RTAs notified to WTO over the years. Therefore, functions of the Committee should be reviewed to serve as a forum for notification and provision of clarity on RTAs to WTO members on the basis of a factual presentations by WTO Secretariat. Due to multiple memberships of member states in various RECs, both EAC and SADC use RoO to determine whether goods originate from partner states in order to qualify for community preferential treatment. The administration of EAC CET faces a number of challenges including the lack of a customs authority at the regional level that would ensure uniformity in the management of CU. Another setback in the implementation of the CET is multiple memberships of member states where preferential treatment is still extended to other RECs despite a restricting provision and existence of CU, thus, eroding the gains of such union. This is brought about by problems in drafting Treaties where partner states exploit loopholes, for instance, Protocol on EACCU does not prohibit EAC member states from maintaining trade arrangements they had prior to the formation of CU or signing individual agreements thereafter such as FTAs. This became evident in the ratification of AfCFTA Agreement. / Mini Dissertation (LLM (International Trade and Investment Law in Africa))--University of Pretoria, 2021. / Charles Okehalam Scholarship / Centre for Human Rights / LLM (International Trade and Investment Law in Africa) / Unrestricted

In the recent couple of years, African countries have conducted a free tradeagreement which will affect the whole African continent. Providing the largestfree trade agreement in history so far in terms of participating countries.AfCFTA provides new conditions and enhancement, aiming for Africa tobecome one single market and boosting intra-African trade. Countries such asKenya, has during recent years made changes and reforms which has enhancedits business environment for companies operating there. In addition, this thesisaims to investigate how the new free trade agreement is affecting KenyanSMEs in the manufacturing sector today, and how it will affect them in thefuture when the free trade agreement is fully implemented. To receive a deeperunderstanding about the subject, a qualitative method and an abductiveapproach have been conducted. Moreover, the theoretical framework derivesfrom internationalization theories commonly used and which benefits from theterms that the free trade agreement holds. The conceptual framework assumesthat international marketers experience different market prerequisites, thus theview of the internationalization process differs from one market to another.Therefore, our empirical findings derive from a multi-case study, whichinvestigate Kenyan manufacturing SMEs possibilities and difficulties tointernationalize on the African continent. The analysis presents the theoreticalframework and the empirical findings in the contrast and relation to each other.Finally, the conclusion chapter provides insights in opportunities anddifficulties still remaining for the AfCFTA to be fully implemented and forKenyan manufacturing SMEs to fully utilize the agreement. Also, limitationsand suggestions for future research is conducted in the chapter. The result ofthis research stipulates that there are still difficulties for Kenyanmanufacturing SMEs to utilize the agreement and that the agreement requirestime to provide a fully functional single market for Africa.

This paper explores the past, present, and future of Africa's regional integration trajectory. It examines both the “old” and “new theories” of regional integration and compares and different viewpoints in existing literature to illuminate different schools of thought on regional integration with an Africa-centric approach at the centre. The paper argues that Africa's unique set of background conditions necessiates the development of a more relevant theoretical and conceptual framework and attempts to do so. Finally and arguably most importantly, this paper offers policy recommendations and pathways to regional integration through regional value chains that can improve regional production networks and looks at how the establishment of the AfCFTA promotes this process.

Yes / The establishment of the African Continental Free Trade Area (AfCFTA) has opened new avenues of research interest in International Business and International Management. However, scholarly work in this fledgling area of research has been disparate and often lacking in the assessment of core international business implications of the emergence of the AfCFTA on member states as well as non-member states. This is because, as yet, no systematic attempt has been made to explore the AfCFTA in the context of IB research, or project future IB research directions. Hence, in this paper, using the PRISMA method we have systematically identified the current published research and scholarly work on the AfCFTA and provided a robust picture of the current state of knowledge and available literature on the AfCFTA while at the same time outlining potential areas for future international business research

Africa has always aspired for the economic integration of its markets. This endeavour is evident right from the 1960s clamour for independence and shortly thereafter, as newly independent states. During this period African countries under the umbrella of the OAU underscored economic cooperation as the basis for intra-African relations. However, it was not until the year 1991, with the conclusion of the AEC Treaty, that the continent formally adopted a framework and roadmap towards continental economic integration. The 40-year roadmap towards a continental economic community was premised upon the two principles of harmonisation and devolution. Moreover, the six-stage integration process set out in Article 6 of the AEC Treaty identifies the eight RECs in Africa as the building blocks for the continent’s proposed single market and economic union. It also underpinned the economic integration of the continent on the harmonious co-existence of the RECs. A step-wise ambitious integration model was adopted under Article 6 of the AEC Treaty. The model envisaged the creation of a Free Trade Area (FTA), followed by a Customs Union, a Common Market and ultimately a fully-fledged Economic Union. As a first step towards the continental integration, the African Continental Free Trade Area (AfCFTA) was unveiled in 2018. Cross border, intra-African trade, is bound to lead to a rise in investment and commercial transactions on the continent. This, in turn, will inevitably lead to disputes which require resolution. The economic integration of the continent is fast evolving under the aegis of the AU; whose dispute settlement system is currently also under review. Significantly, the AU has consolidated its dispute settlement mechanism, following the merger in 2008 of the ACJ and ACH&PR, into a single AU court, known as the African Court of Justice and Human Rights (ACJ&HR). It is within the context of the merged AU single court that this thesis grounds itself. It seeks to interrogate the adequacy of the continental trade and investment dispute settlement system and examines its viability within the consolidated AU dispute settlement system. While the AU led continental economic integration gains pace, the dispute settlement system, critical for the integration, is either lagging behind or is not receiving adequate attention. As a result, the dispute settlement systems created under the AEC and AfCFTA are incongruent with the principles of harmonisation and devolution, which underpin the continent’s economic integration goals. The recommendations proffered, align with the philosophy of harmonising and devolving the continental trade and investment dispute settlement system. The research proposes to locate the continental trade and investment dispute settlement within the AU single court system. The principal recommendation is not only to expand the Court’s jurisdiction in order to accommodate the trade and investment mandate, but also to use sub-regional REC judicial organs as courts of first instance for the ACJ&HR. A hierarchical order of the continental court system, with the single AU Court at the apex, is also proposed in this study as the supreme overarching supranational judicial organ. / Public, Constitutional, and International Law / LL.D.