Unraveling the Quandary of Covid-19 on Commercial Transactions Especially in the Wake of Supranational Regulations

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Abstract

Central to the efficacy of commercial activity is mobility – lots of it. To this effect, we have in place, the World Trade Organization (WTO) Rules and the African Continental Free Trade Area agreement (AfCFTA) - some instruments responsible for the regulation of supranational trade and ancillary commercial activities within the globe and Africa respectively. This dissertation seeks to open a discourse along the lines of the implication of border closures on supranational pacts like the General Agreement on Tariffs and Trade (GATT) and the AfCFTA. For apt context, this thesis has recourse to the principle of pacta sunt servanda. Undoubtedly, the digital commerce phenomenon has unlocked seamless trade opportunities. However, these opportunities can only be fostered by mutual supranational trade understanding. To this effect, further emphasis is placed on the role of the AfCFTA in the mitigation of the impact of the pandemic on commercial activities within Africa and ultimately, the African economy.Still on state policy regulation, using Nigeria and the United States of America as models, the thesis asserts that the pandemic has brought to the fore; regulatory hitches at the municipal level specifically (potential) conflicts between tiers of government as they navigate the regulation of public health in a bid to foster seamless commercial activities within their jurisdictions. The lens of the thesis is particularly zeroed in on the U.S Commerce Clause, State Police Power, Nigerian authorities responsible for the issuance of quarantine orders, and regulation of health, safety, and welfare of persons engaged in interstate conveyance and commerce, to mention a few. What is more? The dissertation narrows its focus to the impact of the coronavirus on contracts entered into by individual parties, making allusions to court dispositions in different jurisdictions. The dissertation concludes by proposing a solution force majeure debate as well as a conflict resolution mechanism between the tiers of government in their bid to formulate policies touching on public health and commercial activities.

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last seen: 2026-05-19T01:45:01.086888+00:00