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Legal Aspects of Economic Integration in Africa

Author : Richard Frimpong Oppong
Publisher : Cambridge University Press
Page : 403 pages
File Size : 50,62 MB
Release : 2011-07-07
Category : Law
ISBN : 1139497588

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Richard Frimpong Oppong challenges the view that effective economic integration in Africa is hindered by purely socio-economic, political and infrastructural problems. Inspired by the comparative experiences of other regional economic communities and imbued with insights from constitutional, public and private international law, he argues that even if the socio-economic, political and infrastructural challenges were to disappear, the state of existing laws would hinder any progress. Using a relational framework as the fulcrum of analyses, he demonstrates that in Africa's economic integration processes, community-state, inter-state and inter-community legal relations have neither been carefully thought through nor situated on a solid legal framework, and that attempts made to provide legal framework have been incomplete and, sometimes, grounded on questionable assumptions. To overcome these problems and aid the economic integration agenda that is essential for Africa's long-term economic growth and development, the author proposes radical reforms to community and national laws.

Legal Aspects of Economic Integration

Author : Hague Academy of International Law
Publisher : Brill - Nijhoff
Page : 632 pages
File Size : 49,72 MB
Release : 1972
Category : Business & Economics
ISBN :

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Conference report on the legal aspects of economic integration - covers institutional frameworks, treaty-making procedures, the sources of international law, the legal status of multinational enterprise, the working pattern of common markets, etc., and includes the CMEA, the LAIA, the CACEU and the EC. Bibliography pp. 331 to 335. Conference held in the hague 1971 jul 23 to 25.

Regional Developmentalism through Law

Author : Jonathan Bashi Rudahindwa
Publisher : Routledge
Page : 244 pages
File Size : 34,50 MB
Release : 2018-05-20
Category : Law
ISBN : 1351670336

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Offering a study of regionalism in Africa and investigating the ways in which law can be used to address the issues raised by regional processes on the continent, this book examines the African Economic Community, considering that it has been entrusted to coordinate and to harmonize policies between various Regional Economic Communities (RECs) across the continent, thereby influencing the continent’s approach towards regional integration. It seeks to identify how law can be used to strengthen the African RECs while ensuring that they achieve their goal of promoting regional development across the continent. Drawing upon economic and political theories, and using a critical doctrinal analysis of legal texts and norms, the book uncovers the legal and economic underpinnings of the model of regional integration followed by the regional schemes operating under the banner of the AEC, aiming to contribute to the search for effective methods to ensure the success of these various initiatives. Proposing the concept of "Regional Developmentalism Through Law" as the most suitable conceptual framework to support the effective establishment of an African Economic Community, this book will be of interest to researchers, academics and policy makers interested in the correlation between law, regional integration and development in Africa.

Legal reception and regional economic integration in Southern Africa

Author : Diana Eunice Kawenda
Publisher : Anchor Academic Publishing
Page : 111 pages
File Size : 30,57 MB
Release : 2017-06-19
Category : Law
ISBN : 3960676581

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The dire African economic situation has been a perennial problem for the past six decades. Many problems emanate from slow economic growth, such as poverty and unemployment. There is a need for a collective effort to ensure economic growth, which would be the most viable solution to these problems, and the key to such a collective effort is regional economic integration (REI). This study examines REI within the legal context. It tests the proposition that the law can be used as a means to achieving REI. At the heart of this proposition lies the legal challenge that comes with the different approaches to legal reception and how they impede the realisation of REI. An analysis is performed of the theories related to legal reception, which include the monist, the dualist and the hybrid theories. REI was embraced in Europe and has yielded fruitful results. There is no doubt that the collective efforts to realise economic growth in other continents stem from the inspiration of the European example. Europe is used in this study to illustrate how the obstacles that accompany the different approaches to legal reception may be superseded. The study examines how the law was used in Europe as a means to attain REI. An attempt is then made to understand REI from an African perspective by setting out the legal framework and its shortcomings. Attention is paid to Africa’s sub-region of Southern Africa, and the study examines legal reception within Southern Africa and how the different approaches to legal reception within the two RECs, the SADC and COMESA, impact upon the realisation of REI. It seeks to evaluate the possibility that the African continent, particularly Southern Africa, may be able to use the law to attain REI. A further analysis is made by examining South Africa's approach to legal reception and how this impacts on the realisation of REI.

Flexible Regional Economic Integration in Africa

Author : Timothy Masiko
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 38,10 MB
Release : 2022-04-21
Category : Law
ISBN : 1509944982

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This book examines the relationship between flexible regional economic integration in the East African Community (EAC), through its application of variable geometry, and the establishment of the African Continental Free Trade Area (AfCFTA) as a continent-wide form of integration. It uses a historical, political, legal and economic analysis of the processes that led to the adoption of flexible regional integration in Africa, with particular regard to the EAC. This takes place in the inescapable context of pan-Africanism, showing how regional integration efforts in Africa are based on pan-Africanist ideals, and how an evolution of these ideals has led to an evolution in the goals of integration. With growing awareness of the weaknesses and impracticality of consensus-based decision-making on a global level, it makes the case for the pursuit of flexibility in multilateral trade, drawing lessons from the experience of the AfCFTA and blocs in other regions. This book is a historical evaluation of regional economic integration efforts in Africa and it follows the path of attempts to integrate the economies on the continent from colonial times to the birth of the AfCFTA. While it is a study in law, it relies heavily on politics, economics and history to weave together a more complete theory of economic integration based on the African experience. Flexible Regional Economic Integration in Africa was awarded the 2020 SIEL–Hart Prize in International Economic Law.

The African Continental Free Trade Area Agreement

Author : Collins C. Ajibo
Publisher : Taylor & Francis
Page : 321 pages
File Size : 44,61 MB
Release : 2024-04-23
Category : Law
ISBN : 1040020496

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This book provides a comprehensive assessment of African economic integration through the lens of International Economic Law. The analysis is contextualised within the prevailing regional economic integrations, the WTO and the peculiarity of the AfCFTA. Through legal analysis, bolstered by economic and political dimensions, the book illustrates the complex interplay of diverse factors that shape the AfCFTA. Each chapter presents a separate element of economic integration within the principles of international economic law, with an interdisciplinary approach encompassing legal, economic and political perspectives. Covering topics such as economic integration and multilateralism, market access, exceptions, trade facilitation, rules of origin and non-tariff barriers, the book also discusses trade remedies, dispute settlement, investment, intellectual property and completion policy. Additionally, human rights, corporate social responsibility and sustainable development principles are discussed, alongside small and medium-sized enterprises (SMEs), digital trade and gender in economic integration. The book will be of interest to students, instructors, practitioners and nonpractitioners in this area of international economic law.

Regional Integration in West Africa

Author : Eswar Prasad
Publisher : Brookings Institution Press
Page : 203 pages
File Size : 40,84 MB
Release : 2021-07-13
Category : Business & Economics
ISBN : 0815738544

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" Assessing the potential benefits and risks of a currency union Leaders of the fifteen-member Economic Community of West African States (ECOWAS) have set a goal of achieving a monetary and currency union by late 2020. Although some progress has been made toward achieving this ambitious goal, major challenges remain if the region is to realize the necessary macroeconomic convergence and establish the required institutional framework in a relatively short period of time. The proposed union offers many potential benefits, especially for countries with historically high inflation rates and weak central banks. But, as implementation of the euro over the past two decades has shown, folding multiple currencies, representing disparate economies, into a common union comes with significant costs, along with operational challenges and transitional risks. All these potential negatives must be considered carefully by ECOWAS leaders seeking tomeet a self-imposed deadline. This book, by two leading experts on economics and Africa, makes a significant analytical contribution to the debates now under way about how ECOWAS could achieve and manage its currency union, andthe ramifications for the African continent. "

African Regional Trade Agreements as Legal Regimes

Author : James Thuo Gathii
Publisher : Cambridge University Press
Page : 525 pages
File Size : 33,26 MB
Release : 2011-07-21
Category : Law
ISBN : 1139498592

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African regional trade integration has grown exponentially in the last decade. This book is the first comprehensive analysis of the legal framework within which it is being pursued. It will fill a huge knowledge gap and serve as an invaluable teaching and research tool for policy makers in the public and private sectors, teachers, researchers and students of African trade and beyond. The author argues that African Regional Trade Agreements (RTAs) are best understood as flexible legal regimes particularly given their commitment to variable geometry and multiple memberships. He analyzes the progress made toward trade liberalization in each region, how the RTAs are financed, their trade remedy and judicial regimes, and how well they measure up to Article XXIV of GATT. The book also covers monetary unions as well as intra-African regional integration, and examines free trade agreements with non-African regions including the Economic Partnership Agreements with the European Union.

East African Community Law

Author : Emmanuel Ugirashebuja
Publisher : BRILL
Page : 553 pages
File Size : 13,8 MB
Release : 2017-03-06
Category : Law
ISBN : 9004322078

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East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law. The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.