Evaluating the Legitimacy of the Investor-State Dispute Settlement Mechanism for the AfCFTA

Phase two of the negotiations on African Continental Free Trade Area (AfCFTA) has begun. This phase includes negotiating protocol investment. The International Investment Regime (IIR) allows foreign investors to institute proceedings against states through Investor State Dispute Settlement (ISDS), which is criticised as undergoing a ‘legitimacy crisis’. paper assesses legitimacy ISDS evaluate whether it suitable mode adjudicating international investment disputes in AfCFTA. Accordingly, sets out criteria be used assessing and further uses these appraise ISDS, ultimately demonstrating that present framework lacks sufficient adopted because perception unfair biased due its imperial neo-colonial background excessive corporate power grants investors. also lacking transparency democratic values conflicts with AfCFTA’s objective sustainable inclusive socio-economic development. advocates inclusion AfCFTA asserts challenge finding adjudication more equitable than ISDS.