Legal reception and regional economic integration in Southern Africa
(Sprache: Englisch)
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...
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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is used in this study to illustrate how the obstacles that accompany the different approaches to legal reception may be superseded.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.
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Text Sample:Chapter 3: The approach to legal reception by Southern African RECs:
3.1 Introduction:
In Africa, REI is to be achieved at sub regional level. In Southern Africa there are two sub-regional groupings which will serve as the primary focus of this chapter. These are the SADC and the COMESA.
Not much is being done within the SADC to ensure the completion of the REI process. Twenty-three years have passed since the SADC was formed, but it has managed to complete only the first stage of the REI process, which is establishing a FTA. The COMESA has reached the second stage of REI, which is establishing the Customs Union. Judging from COMESA's Medium Term Strategic Plan (MTSP), it is expected that COMESA's common market will soon be established.
The SADC's Regional Indicative Strategic Development Plan (RISDP) has reiterated the need to bring all legal frameworks pertaining to trade and the SADC as a whole in uniformity. This goes to show that legal integration is considered as a strategy to realise REI. The MTSP clearly asserts that the key to REI is mutual beneficial cooperation. Cooperation also relates to ensuring that the COMESA laws are in uniformity, thus creating certainty within the REC.
The member states of the two regional groupings in Southern Africa have different approaches to legal reception. This chapter seeks to evaluate how the different approaches to legal reception by member states in Southern Africa impact upon the realisation of REI.
This chapter seeks to give a brief history of REI in Arica. It goes on to discuss legal reception in Southern Africa and its impact on REI by looking into the two existing RECs in Southern Africa. Are the different approaches to legal reception by the two RECs one of the causes why it is taking a long time to complete REI in the SADC? If so, how are the different approaches to legal reception delaying the REI process? Can the same be said for COMESA? Are the different approaches to legal reception in
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COMESA an obstacle to the realisation of REI?.
3.2. REI in Africa:
In Africa, the REI process was initiated at the continental level by the founding members of the OAU. The 1979 Monrovia Declaration set the tone; heads of states of the OAU vowed to effectively involve themselves in the process of REI. They vowed to ensure effective REI at municipal level and continental level. A close examination of the Monrovia Declaration shows that the Pan-African leaders fully acknowledged the need for a collective effort to realise economic growth for the good of the African people. The declaration opens with the following:
Determined to ensure that our member states individually and collectively restructure their economic and social strategies and programmes so as to achieve rapid socio-economic change and to establish a solid domestic and intra African base for a self-sustaining, self-reliant development and economic growth...
Mere declaration was not sufficient to impel the realisation of REI in Africa. The member states of the OAU set out a two-decade plan on how economic development in Africa was to be realised. The Lagos Plan of Action for the Economic Development of Africa, 1980-2000 (Lagos Plan of Action) detailed how the member states were to see to it that REI was achieved.1980-1990 was declared the industrial development decade in Africa. In relation to trade and finance, member states were required to eliminate any trade barriers or obstacles slowing the achievement of REI.
However, not much was done to activate the REI process by the member states of the OAU. The Organisation was ineffective in fulfilling the REI agenda. The only tangible achievements made by the OAU were in the political sphere, where Africa was decolonised. In 1990 the approach to REI was reconsidered, which initiative saw the beginning of the implementation of REI at a sub-regional level.
3.2.1. Abuja Treaty: establishing the mandate for REI at sub-regional level:
The Treaty Establishing the
3.2. REI in Africa:
In Africa, the REI process was initiated at the continental level by the founding members of the OAU. The 1979 Monrovia Declaration set the tone; heads of states of the OAU vowed to effectively involve themselves in the process of REI. They vowed to ensure effective REI at municipal level and continental level. A close examination of the Monrovia Declaration shows that the Pan-African leaders fully acknowledged the need for a collective effort to realise economic growth for the good of the African people. The declaration opens with the following:
Determined to ensure that our member states individually and collectively restructure their economic and social strategies and programmes so as to achieve rapid socio-economic change and to establish a solid domestic and intra African base for a self-sustaining, self-reliant development and economic growth...
Mere declaration was not sufficient to impel the realisation of REI in Africa. The member states of the OAU set out a two-decade plan on how economic development in Africa was to be realised. The Lagos Plan of Action for the Economic Development of Africa, 1980-2000 (Lagos Plan of Action) detailed how the member states were to see to it that REI was achieved.1980-1990 was declared the industrial development decade in Africa. In relation to trade and finance, member states were required to eliminate any trade barriers or obstacles slowing the achievement of REI.
However, not much was done to activate the REI process by the member states of the OAU. The Organisation was ineffective in fulfilling the REI agenda. The only tangible achievements made by the OAU were in the political sphere, where Africa was decolonised. In 1990 the approach to REI was reconsidered, which initiative saw the beginning of the implementation of REI at a sub-regional level.
3.2.1. Abuja Treaty: establishing the mandate for REI at sub-regional level:
The Treaty Establishing the
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Bibliographische Angaben
- Autor: Diana Eunice Kawenda
- 2017, 116 Seiten, Maße: 15,5 x 22 cm, Kartoniert (TB), Englisch
- Verlag: Anchor Academic Publishing
- ISBN-10: 396067158X
- ISBN-13: 9783960671589
Sprache:
Englisch
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