LINKING THE GAP BETWEEN LEGAL COMMITMENTS AND IMPLEMENTATION: AN APPRAISAL OF THE AFCFTA’S DEFICITS IN COMBATING ILLICIT TRADE
This paper assesses the legal framework regulating the African Continental Free Trade Area (AfCFTA), with particular focus on its deficits in combating illicit trade. While the AfCFTA seeks to liberalize intra-African trade through tariff elimination, removal of non-tariff barriers, and promotion of investment, it has largely failed to address illicit trade, thereby undermining its objectives. Using a doctrinal research method, this paper evaluates the AfCFTA Agreement and its protocols, alongside comparative instruments such as the WTO and EU regimes, to reveal gaps in enforcement, harmonization, and dispute resolution. The study argues that without stronger legal safeguards, the AfCFTA risks facilitating illicit trade rather than curbing it. The paper concludes with recommendations for legal and institutional reforms.
Keywords: AfCFTA, Illicit Trade, Legal Framework.