Sustainable Development Under AfCFTA: Dimensions, Limitations and Prospects

IF 0.4 Q3 LAW

Law and Development Review Pub Date : 2024-04-29 DOI:10.1515/ldr-2023-0127

Collins Chikodili Ajibo, Thoko Kaime

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引用次数: 0

Abstract

Sustainable development constitutes a catch phrase for integrated and inclusive development more so in Africa that is battling with development challenges. Despite its legitimization at the highest institutional level, a principal impediment encountered in the concretization of sustainable development principles (environmental, social and economic) in Africa remains the enforcement conundrum. The situation is compounded by indifference of the state and non-state actors. Cases of environmental damage, social malpractices and economic marginalization in the execution of trade and investment policies are largely treated with levity, with prioritization accorded to financial accruals over disciplining delinquent behaviour. Consequently, the emergence of the African Continental Free Trade Area Agreement (AfCFTA) with provisions on sustainable development renews hope for the concretization of the sustainable development principles in Africa. A crystallization of effective enforcement of sustainable development principles is deeply intertwined with an existence of an effective peer-review mechanism with a network of reporting linkages. Arguably, effective peer review system is fundamental to assessment of state of play, investigation of violations, collation of reports, and institutional strengthening to change the dynamics in favour of improved performance.

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非洲自由贸易区下的可持续发展：规模、局限性和前景

可持续发展是一个综合性和包容性发展的短语，在面临发展挑战的非洲更是如此。尽管可持续发展在最高机构层面已经合法化，但在非洲具体落实可持续发展原则（环境、社会和经济）时遇到的主要障碍仍然是执行问题。国家和非国家行为者的漠不关心使情况更加复杂。在执行贸易和投资政策过程中出现的环境破坏、社会弊端和经济边缘化等问题在很大程度上都被轻描淡写地处理，优先考虑的是资金积累，而不是惩戒违法行为。因此，《非洲大陆自由贸易区协定》（AfCFTA）中关于可持续发展的条款的出现，为可持续发展原则在非洲的具体化带来了新的希望。有效执行可持续发展原则的具体化与具有报告联系网络的有效同行审查机制的存在密切相关。可以说，有效的同行审查制度是评估现状、调查违规行为、整理报告和加强机构以改变动态、提高绩效的基础。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Law and Development Review LAW-

CiteScore

0.90

自引率

0.00%

发文量

期刊介绍： Law and Development Review (LDR) is a top peer-reviewed journal in the field of law and development which explores the impact of law, legal frameworks, and institutions (LFIs) on development. LDR is distinguished from other law and economics journals in that its primary focus is the development aspects of international and domestic legal orders. The journal promotes global exchanges of views on law and development issues. LDR facilitates future global negotiations concerning the economic development of developing countries and sets out future directions for law and development studies. Many of the top scholars and practitioners in the field, including Professors David Trubek, Bhupinder Chimni, Michael Trebilcock, and Mitsuo Matsushita, have edited LDR issues and published articles in LDR. The journal seeks top-quality articles on law and development issues broadly, from the developing world as well as from the developed world. The changing economic conditions in recent decades render the law and development approach applicable to economic issues in developed countries as well as developing ones, and LDR accepts manuscripts on law and economic development issues concerning both categories of countries. LDR’s editorial board includes top scholars and professionals with diverse regional and academic backgrounds.