Implementing Climate Standards in the African Continental Free Trade Area (AfCFTA): Progressive and Precautionary Lessons from the European Union
摘要
Pursuing economic development is arguably the bane of the global climate crisis. Moral considerations have risen in the form of ‘ecological debt’ expectations of the global North and an avoidance of the ‘treadmill of accumulation’ by the global South. Despite the differences in contributions to and benefits from past emissions, there remains a global responsibility to stem global temperature increases, adapt to current or anticipated climate change effects and build resilience. In Africa, the African Continental Free Trade Area (AfCFTA) agreement was introduced by the African Union (AU) to promote economic development across the continent. In the preamble to AfCFTA’s Protocol on Trade in Services, member states of the AU agreed to recognize “the right of State Parties to regulate in pursuit of national policy objectives, and to introduce new regulations, on the supply of services, within their territories…without compromising consumer protection, environmental protection and overall sustainable development”. However, the agreement does not provide an overarching framework for member states to key into to prevent cross purposes, nor is there a mechanism to ensure that member states protect the environment. The AU appears to be vested in preserving member autonomy with a common resource—the environment, specifically, the climate. This deliberate omission of an integrated system to apply climate standards within AfCFTA remains a gap in the current agreement, which we argue that the AU still has a good opportunity to integrate. In this chapter, we identify precautionary and progressive lessons that can be learned from the European Union’s Single Market and Green Deal and suggest ways to implement climate standards within the AfCFTA.