Training on the Settlement of Disputes: The African Continental Free Trade Area 13 To 17 May 2019 Cairo, Egypt
GENERAL INFORMATION
The Organization of African Unity (OAU), and the African Union (AU) have noted the importance of creating mechanisms that promote economic and social development and integration of the African countries. The Constitutive Act of the African Union in this line, sets forth the objective of achieving greater unity, solidarity between the African counties and the peoples of Africa. It aims to promote and defend African common positions on issues of interest to the continent and to establish the necessary conditions, which enable the continent to play it rightful role in the global economy and in international negotiations.
Agenda 2063 – The Africa we want outlines the establishment of the Continental Free Trade Area as one of the significant steps expected from the Union, so as to significantly accelerate growth of Intra-Africa trade and use trade more effectively as an engine of growth and sustainable development, through doubling of intra-Africa trade by 2022, strengthen Africa’s common voice and policy space in global trade negotiations and establish the financial institutions within agreed upon timeframes: African Investment Bank and Pan African Stock Exchange (2016); the African Monetary Fund (2018); and the African Central Bank (2028/34). Subsequently, the 18th Ordinary Session of the Assembly of Heads of State and Government of the African Union, held in Addis Ababa, Ethiopia in January 2012, adopted measures and policies, the principal one being the Boosting Intra-African Trade (BIAT) Action Plan, which vide Assembly/AU/2(XVIII) set out to fast-track the establishment of a single Continental Free Trade Area.
The Agreement African Continental Free Trade Area (AfCFTA), comprising of the Agreement, Protocol on Trade in Goods, Protocol on Trade in Service, Protocol on Rules and Procedures on the Settlement of Disputes was signed on 21st March 2018. To date, the AfCFTA has received fifty-two (52) signatures and eighteen (18) ratifications, out of the required twenty-two (22) ratifications for its entry into force. The AfCFTA will cover a market of 1.2 billion people and a gross domestic product (GDP) of $2.5 trillion, across all 55 member States of the African Union. In terms of numbers of participating countries, AfCFTA will be the world’s largest free trade area since the formation of the World Trade Organization (WTO).
OBJECTIVE
One of the main objectives of the AfCFTA under Article 4(f) of the Agreement aims to establish a mechanism for the settlement of disputes concerning the rights and obligations of State Parties. The AfCFTA Dispute Resolution Protocol stipulates a State-to-State dispute mechanism to resolve differences arising out of the AfCFTA. As set out in Article 27, Arbitration is one of the dispute settlement mechanisms that could be mutually agreed upon by the parties.
This system is similar to that of the WTO. But the experience of African States at the WTO Dispute Settlement Body is minimal. African States have not had any case as respondents or complainants at this body; there have been only five (5) cases where African States have participated as third parties, two (2) of which as part of the African, Caribbean and Pacific (ACP) group.
Furthermore, African Union Member States are signatories to over 900 Bilateral Investment Treaties, which prescribe Investor-State Dispute Settlement (ISDS) as a means of resolving disputes between investors of the home State and the host State. This has yielded in numerous Investor-State disputes, where African States have been respondents. According to the 2018 data of the UNCTAD, there are 101 known ISDS cases concerning African States within international arbitral tribunals.
It is therefore of paramount importance to provide capacity in both ISDS and State-to-State dispute to Member States as they embark on the road to greater Intra-Africa trade as well as increased trade activities with third countries outside the continent. Moreover, the interactive nature of the training will allow the participants to share experiences and lessons learned and further explore means of encouraging African Arbitral Institutions towards the development of a home grown solution.
METHODOLOGY AND TRAINING MATERIALS
The training course will be conducted close collaboration with UN Institutions and shall take place in the form of interactive discussions to allow a maximum exchange of views. A comprehensive set of training materials will be provided for each participant at the beginning of the training course. Certificates will be awarded to those participants who have completed the training in its entirety.
PARTICIPANTS: QUALIFICATIONS AND SELECTION PROCESS
The training is open to Legal advisors within African Countries and Regional Economic Communities. The training will accommodate up to 30 participants. When selecting participants for the training, due consideration will be given to the candidates' qualifications, the scope of their professional duties, and relevance of the training to their professional duties as well as the geographic and gender balance of the participants. Applications from female candidates are encouraged.
VENUE AND COURSE LANGUAGE
Cairo Regional Centre for International Commercial Arbitration shall host the training from 13 to 17 May 2019 in Cairo, Egypt at El-Saleh Ayoub, Al Gabalayah, Zamalek. It will be conducted in English. Fluency in spoken and written English is required. Applicants whose mother tongue or language of instruction is not English are required to submit proof of their language abilities.
FINANCIAL ARRANGEMENTS AND ACCOMMODATION
Participants will receive economy airfare, accommodation and a stipend. Self-funded participants bear costs associated with their participation (travel, accommodation and living expenses). Training materials will be provided to all participants.
APPLICATION DEADLINE: FRIDAY, 26 JUNE 2019
Candidates must submit a completed application form by email to OLC-Registry@africa-union.org no later than Friday, 26 April 2019.
