A doctrinal analysis on enforcement mechanisms and compliance challenges in African continental free trade area: Transport services regulatory framework

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.