Efficiency, effectiveness and pragmatism: What next for dispute resolution under AFCFTA and the investment protocol?

The African Continental Free Trade Area Agreement (AfCFTA) was signed in March 2018 to boost intra-African trade and will transform economic integration in Africa by creating the largest free trade area in the world measured by the number of countries participating. In 2023, one of the most important protocols under AfCFTA, the Investment Protocol was adopted without a dispute resolution mechanism. Central to the success or otherwise of AfCFTA is the existence of an effective dispute resolution mechanism to resolve disputes arising under the Investment Protocol. Indeed, any dispute resolution mechanism adopted must be efficient, effective and pragmatic. This article examines four practical options that could be adopted and argues that a reformed form of ISDS should be adopted given it is the most efficient, effective and pragmatic option in the short to medium term.