A doctrinal analysis on enforcement mechanisms and compliance challenges in African continental free trade area: Transport services regulatory framework
Loading...
Date
Journal Title
Journal ISSN
Volume Title
Publisher
Research in Business & Social Science
Abstract
The purpose of this study was to evaluate the enforcement mechanisms and compliance challenges in
Africa’s Continental Trade Regime. This study employed the qualitative doctrinal and policy research
design to explore the issue of the enforcement of transport services regulatory matters within the
context of the African Continental Free Trade Area (AfCFTA). The study adopted a doctrinal analysis
of the AfCFTA instruments with a combination of thematic policy reviews; hence, it relied exclusively
on secondary qualitative data obtained from authoritative legal and institutional sources. Primary data
sources and materials comprise the AfCFTA Agreement, Protocol on Trade in Services, the Dispute
Settlement Protocol, and relevant annexes that govern regulatory cooperation, market access, and
nontariff barriers. The data collection procedure involved a systematic desk review and thematic
analysis for qualitative studies to analyse the data. The review shows four main enforcement
mechanisms of the regulatory framework of transport services under the AfCFTA. These include legal
obligations and notification requirements, institutional oversight by AfCFTA bodies, peer review and
political accountability, and dispute settlement mechanisms are some of the most outstanding aspects
of the AfCFTA Agreement. Factors including regulation fragmentation, the absence of enforcement
powers, non-transparency, and restrictive market access conditions, insufficient professional
standards in commonality, insecurity, and transport barriers challenges the effectiveness of
enforcement mechanisms. The authors conclude that the design of the AfCFTA alone is not adequate
in facilitating the opening of the transport service. The study therefore provides pragmatic measures
to strengthen the institutional capacity, harmonise the regulations, and monitor compliance better.
These reforms can influence the reduction of trade costs, the improvement of supply chain reliability,
and the attainment of the AfCFTA's broader aim of economic integration across the continent.
Description
NUST lecturer open access article
Citation
Nweke, O. C., Iipumbu, V., Petrus, H. N., & Mabuku, K. K. (2026). A doctrinal analysis on enforcement mechanisms and compliance challenges in African continental free trade area: Transport services regulatory framework, 15(4), 426-437.
