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.


African Regional Trade Agreements as Legal Regimes

African Regional Trade Agreements as Legal Regimes

Author: James Thuo Gathii

Publisher: Cambridge University Press

Published: 2011-07-21

Total Pages: 525

ISBN-13: 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

East African Community Law

Author: Emmanuel Ugirashebuja

Publisher: BRILL

Published: 2017-03-06

Total Pages: 553

ISBN-13: 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.


Informal cross-border trade in Africa: How much? Why? And what impact?

Informal cross-border trade in Africa: How much? Why? And what impact?

Author: Bouet, Antoine

Publisher: Intl Food Policy Res Inst

Published: 2018-12-21

Total Pages: 56

ISBN-13:

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Informal cross-border trade (ICBT) represents a prominent phenomenon in Africa. Several studies suggest that for certain products and countries, the value of informal trade may meet or even exceed the value of formal trade. This paper provides a review of existing efforts to measure informal trade. We list 18 initiatives aimed at measuring ICBT in Africa. The paper also summarizes discussions conducted with many stakeholders in Africa between December 2016 and May 2018 regarding the measurement, the determinants, and the implications of ICBT. The methodologies used to measure ICBT in Africa differ widely, but they do confirm that informal trade in Africa is both sizeable and volatile. Both evidence on the determinants of ICBT and discussions with stakeholders suggest that policies should aim to reduce the existing costs associated with formal trade and provide positive incentives for traders and producers to move into the formal economy in order to avoid the loss of economic potential stemming from informal trade.


Regional Economic Integration in the Middle East and North Africa

Regional Economic Integration in the Middle East and North Africa

Author: Mustapha Rouis

Publisher: World Bank Publications

Published: 2012-12-11

Total Pages: 209

ISBN-13: 082139729X

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This book summarizes the constraints to and opportunities for deepening economic integration within the MENA region and beyond. Trade and investment reform are discussed together with physical connectivity, cross-border trade facilitation, infrastructure networks, and the vital role of logistics.


Assessing Regional Integration in Africa V

Assessing Regional Integration in Africa V

Author:

Publisher: UN

Published: 2012

Total Pages: 166

ISBN-13:

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The fifth of the series (ARIA/V) has come at a time of renewed enthusiasm for shortening the period of the vision of the Abuja Treaty. Its overall objective is to provide an analytical research publication that defines frameworks for African Governments, the African Union and the Regional Economic Communities, towards accelerating the establishment of the African Common Market through: the speedy removal of all tariff and non-tariff barriers, obstacles to free movement of people, investments and factors of production in general across Africa, and through fast-tracking the creation of an African continental Free Trade Area


International Handbook on the Economics of Integration

International Handbook on the Economics of Integration

Author: Miroslav N. Jovanović

Publisher: Edward Elgar Publishing

Published: 2011-01-01

Total Pages: 617

ISBN-13: 1849806004

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'International Handbook on the Economics of Integration edited by Miroslav Jovanovi? provides timely and rich academic contributions to considerations of the widest array of integration-related issues. European integration has been providing an inspiration to a number of academics and researchers. the Handbook is a recognition of the dynamic and strong solidarity of European integration. At the same time, the European Union often provided an example for integration schemes throughout the world which spread enormously since the mid-1990s. Leading experts from all continents contributed to this Handbook which will be a valuable input into academic and policy-making discussions and actions.' - José Manuel Barroso, President of the European Commission


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: 2017-08

Total Pages: 117

ISBN-13: 396067158X

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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.


Regional Integration and Migration in Africa

Regional Integration and Migration in Africa

Author: Vusi Gumede

Publisher: BRILL

Published: 2020-06-02

Total Pages: 206

ISBN-13: 9004411224

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This comparative book debates migration and regional integration in the two regional economic blocs, namely the Southern African Development Community (SADC) and the Economic Community of West African States (ECOWAS). The book takes a historical and nuanced citizenship approach to integration by analysing regional integration from the perspective of non-state actors and how they negotiate various structures and institutions in their pursuit for life and livelihood in a contemporary context marked by mobility and economic fragmentation.


ECOWAS Law

ECOWAS Law

Author: Jerry Ukaigwe

Publisher: Springer

Published: 2016-02-05

Total Pages: 385

ISBN-13: 3319262335

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This book analyses the emerging jurisprudence of the Economic Community of West African States (ECOWAS), and seamlessly knits together all the disparate texts, policies and judicial decisions into a single, coherent resource. The work is deliberately crafted to address the lack of a comprehensive resource on the subject, and guide lawyers, policy-makers, Community citizens, researchers, students and civil society organisations through the labyrinth of the Community's laws and policies. From a socio-legal perspective, it unearths political, socio-economic and legal structures that impinge on the integration cause on the one hand, and dilute the efficacy of the Community legal regime on the other hand. Also, it exposes contemporary terrorism and conflict in West Africa and the legal interventions that the Community has adopted to respond to these challenges. In sequence, it traces and expounds the legal development of the Community norms with respect to sources of law, human rights, supra-nationalism and laws of the member states, reference procedure, action for damages, freedom of movement, discrimination and competition policy.The book particularly evaluates the extent of the human rights jurisdiction of the Community Court of Justice, as well as jurisdictional limitations to the protection of Community rights either at national or Community level. Also, it sheds light on the jurisdictional chasm existing between Community law and member states' national laws, and offers proven constitutional, legislative and judicial solutions to plug the gap. It explains vividly the common market, free movement of goods and the impact of Economic Partnership Agreement (EPA) on the entire ECOWAS free trade policy. In all these analyses, evaluation and examination of norms and policies, the work draws on the European Union's rich case law on similar points to explain recondite issues of law which may arise or have arisen from the application of any of the ECOWAS texts.