COMESA was formed in December 1994, replacing a Preferential Trade Area which had existed since 1981.

Nine of the member states formed a free trade area in 2000 (Djibouti, Egypt, Kenya, Madagascar, Malawi, Mauritius, Sudan, Zambia and Zimbabwe), with Rwanda and Burundi joining the FTA in 2004, the Comoros and Libya in 2006, Seychelles in 2009, Uganda in 2012[4] and Tunisia in 2018.

The national remedies must be exhausted before a person can bring a matter to the COMESA CJ.

It also may act as an arbitrary tribunal on any matter arising from a contract to which COMESA or any of its institutions is a party.

[8] The following lower policy organs make recommendations to the above: Other COMESA institutions created to promote development are: The United Nations Economic Commission for Africa provided an interim Secretariat for the Preferential Trade Area from December 1981 (signing of the Lusaka treaty) until December 1982 (first meeting of the PTA).