Resolving Trade Disputes in Africa: Choosing between Multilateralism and Regionalism: The Case of COMESA and the WTO

Abstract

Motivated by the desire to maximize their trade interactions, states have tended to take advantage of the frameworks provided by both multilateral and regional trading entities. The result is a complex web of relations in which states owe multiple allegiance to the trading regimes created at both of these levels. This allegiance extends to both substantive and procedural obligations, the latter of which dictates that in the event of a dispute, states should utilize the agreed upon mechanism to pursue resolution. In the absence of rules of exclusivity of one dispute resolution system over the other, states have the opportunity to decide which of the available mechanisms will suit their needs in any given scenario