Legal Issues concerning Cross-Border and African Continental Free Trade Area

The African Continental Free Trade Area (AfCFTA) functions as an African market unification project, but its legal execution faces major obstacles. This study investigates the legal problems and obstacles which affect cross-border trade within the AfCFTA system, especially the conflict between formal trade regulations and widespread informal cross-border trade (ICBT) practices. The problem statement focuses on two issues: Regional Economic Communities (RECs) face regulatory fragmentation, and non-tariff barriers (NTBs) continue to exist. The primary objectives are to evaluate current legal protocols and identify gaps which prevent market integration and inclusivity. The research employs systematic doctrinal methodology to examine primary legal instruments and regional protocols together with secondary academic literature. The research shows that Phase I protocols create a solid basis, but Phase II implementation delays (IPR, Investment, Competition) together with informal sector exclusion result in legal conflicts which jeopardise the agreement's achievement. The study finds that legal unification between RECs, together with official protection systems for informal traders, should proceed. The recommendations call for establishing a human rights sub-committee and producing standardized cross-border codes of conduct, which will support inclusive economic development while providing legal certainty.