Abstract

The Most Favoured Nation (MFN) and National Treatment (NT) principles are cornerstones of international trade law, aimed at ensuring non-discrimination in trade relations. In the context of the Central African Economic and Monetary Community (CEMAC), these principles play a vital role in fostering economic integration, promoting equitable competition, and ensuring fair treatment for foreign investors and goods. This study appraises the implementation and effectiveness of the MFN and NT principles within the CEMAC zone, focusing on how these legal frameworks impact regional trade dynamics and foreign investments.

The problem arises from the challenges that CEMAC member states face in consistently applying these principles. Despite the established legal frameworks, there are persistent issues of trade discrimination, protectionist policies, and uneven application of the rules, which hinder the community’s overall goal of achieving a fully integrated regional market. The main objective of this study is to evaluate how the MFN and NT principles are applied within the CEMAC zone and to identify the obstacles to their full implementation. The study also aims to explore the implications of these challenges for intra-regional and international trade.

Methodologically, the research employs a mixed approach, using both qualitative and quantitative data. Legal documents, treaties, and protocols governing the CEMAC region are critically analyzed to assess the legal basis for MFN and NT. Case studies of specific trade disputes, customs practices, and economic policies within the region are also examined. Additionally, interviews with trade experts, economists, and policymakers provide insights into the practical challenges of implementing these principles in the CEMAC zone.

Key findings reveal that, while the CEMAC legal framework upholds the MFN and NT principles, practical enforcement remains problematic. Member states often enact protectionist policies that undermine the spirit of non-discrimination, creating barriers to free trade within the region. These include discriminatory tariffs, subsidies favoring domestic producers, and unequal treatment of foreign investors. Furthermore, weak institutional frameworks and political interests contribute to the inconsistent application of these principles, leading to trade imbalances and reduced investor confidence in the region.

In conclusion, while the MFN and NT principles are enshrined in CEMAC’s legal instruments, their practical enforcement requires significant improvement. To enhance regional integration and trade equity, the study recommends strengthening institutional mechanisms for monitoring and dispute resolution. Additionally, member states should harmonize their trade policies to align with CEMAC’s objectives, reduce protectionism, and ensure that foreign and domestic economic actors are treated equitably.

Keywords: Most Favoured Nation, National Treatment, CEMAC, trade integration, non-discrimination, regional trade, foreign investment, protectionism.