TRADE REMEDIES AND DISPUTE SETTLEMENT MECHANISMS UNDER THE AfCFTA, WTO AND ECOWAS REGIMES

Trade remedies and dispute settlement mechanisms play a central role in maintaining fairness, predictability, and stability within international and regional trade regimes. These mechanisms enable states to address unfair trade practices, including dumping and subsidization, while also providing institutional frameworks for resolving trade disputes. This paper examines the legal architecture governing trade remedies and dispute settlement within three interconnected regimes: the World Trade Organization (WTO), the African Continental Free Trade Area (AfCFTA), and the Economic Community of West African States (ECOWAS). The study analyses the legal foundations, procedural frameworks, institutional structures, and enforcement mechanisms under these regimes. It further evaluates the similarities and divergences among them and highlights the challenges facing African states in implementing effective trade remedy investigations and dispute settlement processes. The paper argues that although the AfCFTA dispute settlement system largely mirrors the WTO model and ECOWAS provides a regional judicial framework through the ECOWAS Court of Justice, institutional capacity constraints, overlapping legal frameworks, and limited use of dispute settlement mechanisms undermine their effectiveness. Strengthening institutional capacity, harmonizing regional trade governance, and promoting legal awareness are necessary for ensuring that trade remedies and dispute settlement mechanisms contribute effectively to Africa’s trade integration and sustainable development.