Implementing the African Continental Free Trade Area: A Simple, Scalable, and Fast Computational Approach for Algorithmic Governance

Abstract

This chapter suggests a rationale for a simple, scalable, and fast computational approach through the ‘Data With Direction Specification’ (DWDS) to supplement the implementation of the African Continental Free Trade Area (AfCFTA). The specification provides a way for digitally executable versions of rules to be published on the Internet in a platform-agnostic open standard format, across all types of rule-makers and rule-takers, together with the means to allow efficient discovery and transmission of information about rules that are ‘in effect’, ‘applicable’ to any category of transaction, and to be ‘invoked’ by a particular transaction. Relations of obligation, permission, and encouragement can be expressed and understood in the natural language, including vernacular languages, of each stakeholder and equivalently by their heterogeneous computational systems. The resulting ‘Internet of Rules’ (IoR) is intended to enable computer-assisted rules-based coordination for human-centred algorithmic governance. To bolster the resilience of Africa’s markets to social, ecological, and epidemiological disruption, such a ‘Trade Policy 3.0’ approach would make it possible for users to automatically fetch rules via applications and, at the discretion of the parties, invoke rules to digitally automate cross-border compliance in alignment with the policies of national jurisdictions, Regional Economic Communities, and the AfCFTA framework.

Keywords: AfCFTA, trade, digital trade, trade facilitation, e-commerce, e-transactions law, law, Regional Economic Commissions, Internet, Computational Law, digital law, trade law, finance, tax, algorithmic law, algorithmic governance

JEL Classification: F13, F15, F17, F36, F42, F53, H25, H41, K12, K24, K34, L14, L17, M16, N17, N77, O19, O24, O32, O55