Legal reception and regional economic integration in Southern Africa
Legal reception and regional economic integration in Southern Africa

Author: Diana Eunice Kawenda

Publisher: Anchor Academic Publishing

Published: 2017-06-19

Total Pages: 111

ISBN-13: 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is used in this study to illustrate how the obstacles that accompany the different approaches to legal reception may be superseded.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.

Legal Aspects of Economic Integration in Africa
Legal Aspects of Economic Integration in Africa

Author: Richard Frimpong Oppong

Publisher: Cambridge University Press

Published: 2011-07-07

Total Pages: 403

ISBN-13: 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.

The Southern African Development Community and Law
The Southern African Development Community and Law

Author: Mkhululi Nyathi

Publisher: Springer

Published: 2018-05-15

Total Pages: 243

ISBN-13: 3319765116

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This book analyses whether the design of the institutions of Southern African Development Community (SADC) reflects the community’s treaty objectives and principles of democracy and the rule of law. The author provides a detailed analysis of the policy making and oversight institutions of SADC. Additionally, the project looks at institutional and legal frameworks of similar organisations (the East African Community, the Economic Community of West African States and the European Union) for comparative purposes. This work is written largely from a legal perspective, specifically international institutional law; however, it carries cross-disciplinary themes, including governance, and especially the subject of public policy making at the international level.

Regional Trade Integration, Economic Growth and Poverty Reduction in Southern Africa
Regional Trade Integration, Economic Growth and Poverty Reduction in Southern Africa

Author: M. Tekere

Publisher: African Books Collective

Published: 2012

Total Pages: 290

ISBN-13: 0798303042

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Despite a long history of regional integration and a multiplicity of regional organizations in southern Africa, the effect of regional integration on economic growth and poverty reduction remains debatable or elusive. This causes many to doubt whether regional integration is in actual fact an effective poverty-reduction strategy. Accordingly, the focus of this book is to explore and analyze whether specific Southern African Development Community (SADC) trade integration policies, especially the trade liberalization regime, have produced economic growth and reduced poverty in the region. While it is generally agreed that economic growth is the panacea to poverty reduction, there is little evidence as to whether regional integration in Africa is associated with economic growth in the countries concerned and subsequently leads to poverty reduction. The book makes recommendations on how the SADC FTAs can contribute to poverty reduction and socioeconomic development, and goes on to suggest policy proposals on how to enhance the contribution of the FTAs to poverty eradication and economic development. It also identifies specific activities to be undertaken to enable supply-side and productive competitiveness interventions to support the FTAs and contribute to economic development. The potential constraints and negative impacts of the FTAs are investigated and highlighted, and possible solutions are recommended and motivated.

The Southern African Development Community
The Southern African Development Community

Author: Gabriël H. Oosthuizen

Publisher:

Published: 2006

Total Pages: 408

ISBN-13:

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This book, published in July 2006, significantly complements the burgeoning literature on regional integration in Africa. It is the most up-to-date guide to SADC's history and institutions, its policies and programmes, legal underpinnings and position in unfolding continental and global affairs. It offers a frank analysis of SADC's shortcomings, achievements and prospects and reviews its extensive restructuring.

Explaining Foreign Policy in Post-Colonial Africa
Explaining Foreign Policy in Post-Colonial Africa

Author: Stephen M. Magu

Publisher: Springer Nature

Published: 2021-01-02

Total Pages: 359

ISBN-13: 3030629309

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This book explores foreign policy developments in post-colonial Africa. A continental foreign policy is a tenuous proposition, yet new African states emerged out of armed resistance and advocacy from regional allies such as the Bandung Conference and the League of Arab States. Ghana was the first Sub-Saharan African country to gain independence in 1957. Fourteen more countries gained independence in 1960 alone, and by May 1963, when the Organisation of African Unity (OAU) was formed, 30 countries were independent. An early OAU committee was the African Liberation Committee (ALC), tasked to work in the Frontline States (FLS) to support independence in Southern Africa. Pan-Africanists, in alliance with Brazzaville, Casablanca and Monrovia groups, approached continental unity differently, and regionalism continued to be a major feature. Africa’s challenges were often magnified by the capitalist-democratic versus communist-socialist bloc rivalry, but through Africa’s use and leveraging of IGOs – the UN, UNDP, UNECA, GATT, NIEO and others – to advance development, the formation of the African Economic Community, OAU’s evolution into the AU and other alliances belied collective actions, even as Africa implemented decisions that required cooperation: uti possidetis (maintaining colonial borders), containing secession, intra- and inter-state conflicts, rebellions and building RECs and a united Africa as envisioned by Pan Africanists worked better collectively.

African Regional Community Courts and Their Contribution to Continental Integration
African Regional Community Courts and Their Contribution to Continental Integration

Author: Jörg Kleis

Publisher:

Published: 2016

Total Pages: 0

ISBN-13: 9783848731329

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African Regional Communities have been portrayed by international legal scholars on a regular basis. Yet, this is only partially the case with regard to their respective judicial organs. For the first time a contribution exclusively focuses on the West African ECOWAS, the Southern African SADC and the East African EAC courts and their jurisprudence. After outlining the potential of community courts to contribute to integration follows a microscopic analysis of pertinent extracts from their judgments regarding the courts' methodology, their jurisdiction and procedural law, the hierarchy between community and national legislation, the question of regional human rights protection and the essential obstacle to integration, which is non-compliance. The research is completed by evaluating whether the three courts had a share in the integration process and to what extent they are able to further promote integration in the future.