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Thesis (MBA (Business Management))--University of Stellenbosch, 2009. / ENGLISH ABSTRACT: Since independence in the early 1950's, Africa's overall economic performance compared very unfavourably with those of other regions of the developing world mainly because it attained political independence as a fragmented continent. From this time, the vision of African leaders has been that of regional integration and the creation of the African common market. The vision of a common market which unites Africa's mostly small and fragmented economies would lead to economies of scale, thereby making African countries more competitive. That vision however, has been clouded by the devastation of war, both civil and territorial and corruption which drains the state. Therefore, the importance of regional economic integration is pertinent and more so, the role of Regional Economic Communities as integrative institutions. The African Union, the main institution for political, economic and social integration established the African Economic Community whose main role is to facilitate the regional economic integration process in Africa. Africa's RECs have been designated by the Abuja Treaty as the building blocks for integration and the eventual creation of an African Economic Community. The Abuja Treaty and the Constitutive Act of the African Union provides for the coordination and harmonization of the policies of the Regional Economic Communities. One of the main challenges confronting Africa in its quest for full integration is the rationalisation of regional economic communities. The RECs with their treaties, protocols and agendas are logical institutions to jumpstart Africa's integration. The African Union recognises eight Regional Economic Communities, but the African continent has fourteen inter-governmental organizations (IGOs), all of which are working on regional integration issues. The RECs have had some successes but have not met their objectives of greater production. The RECs need to be revived and the first thing would be to rationalise their structure and their interactions with national governments. Rationalisation has benefits and costs and rationalisation efforts should focus on efficiency and effectiveness. Ultimately, rationalisation would allow Africa to attain the full benefits of integration, particularly growth for trade within and outside Africa. Regional Economic Communities are viewed as pillars of continental integration by the African Union. The strategy of economic emancipation must denote economic development for all African people including grass roots level and there is no doubt that significant challenges exist and must be addressed. / AFRIKAANSE OPSOMMING: Sedert die onafhanlikheid in die vroeë 1950's het die oorgrote ekonomiese groei van Afrika goed vergelyk met die ander onwikkelende streke in die wêreld grotendeels as gevolg van die gefragmenteerde onafhanklikheidswording in Afika as geheel. Vir die eerste keer was die visie van Afrika leiers dit eens dat Afrika streke as een moet integreer asook die daarstelling van een gemeenskaplike mark. Hierdie visie is egter vertroebel deur die verwoesting van oorloë, beide siviel en territoriaal, asook korrupsie, wat 'n staat dreineer. Daarom is die belangrikheid van streeks ekonomiese integrasie steeds belangrik, en nog meer so, die rol van Streeks Ekonomiese Gemeenskappe (REC's) as integrerende instelling. Die Afrika Unie, die hoof instelling vir politieke, ekonomiese en sosiale integrasie het die Afrika Ekonomiese Gemeenskap, wie se hoof taak dit is om die streeks ekonomiese integrasie te fasiliteer, gestig. Afrika se Streeks Ekonomiese Gemeenskappe is aangewys deur die Abuja Verdrag, om as die bouers van integrasie op te tree, met die uiteindelike daarstelling van 'n Afrika Ekonomiese Gemeenskap. Die Abuja Verdrag en die Konstutiewe Wet van die Afrika Unie maak voorsiening vir die koordinasie in ooreenstemming met die beleidsrigting van die Streeks Ekonomiese Gemeenskappe. Een van die hoof uitdagings wat Afrika in die gesig staar, met die soektog na volle integrasie, is die rasionalisasie van streeks ekonomiese gemeenskappe. Die Streeks Ekonomiese Gemeenskappe met hulle verdrae, protokol en agendas is die logiese instelling om die integrasie van Afrika 'n hupstoot te gee. Die Afrika Unie erken agt Streeks Ekonomiese Gemeenskappe maar die Afrika kontinent het veertien inter-regerings organisasies (IGO's) wat almal werk aan streeks integrasie kwessies. Die Streeks Ekonomiese Gemeenskappe het 'n sekere mate van sukses behaal, maar het nog nie hulle geteikende groter produksie bereik nie. Die Streeks Ekonomiese Gemeenskappe moet opnuut herleef word en die eerste stap sou wees om te rasionaliseer oor hulle struktuur en die interaksie met nasionale regerings. Rasionalisering het voordele en kostes en pogings behoort te fokus op doeltreffendheid en effektiwiteit. Die uiteinde van rasionalisering sal Afrika die volle voordele van integrasie, veral t.o.v handelsgroei binne en buite Afrika, ervaar. Streeks Ekonomiese Gemeenskappe word beskou, deur die Afrika Unie, as die pilare van kontinentale intergrasie. Die strategie van ekonomiese emansipasie moet 'n aanduiding wees vir ekonomiese ontwikkeling vir al die mense van Afrika, ook op grondvlak, en daar is geen twyfel dat beduidende uitdagings bestaan en dat dit moet aangespreek word.

Magister Legum - LLM / This mini thesis examines the repercussions of the establishment of institutions under the Tripartite Free Trade Area (TFTA) Agreement on countries that have multiple regional economic community (REC) memberships. The study notes that even though the TFTA initiative is being touted as a major milestone towards the ultimate establishment of the African economic Community (AEC) and that it will help solve problems associated with multiple REC memberships, the initiative may come at a cost to countries, especially those that have maintained multiple REC memberships. The study observes that the institutions that have been established under the TFTA are a mirror reflection of the already existing institutions in the three existing regional blocks forming the TFTA, thus the Common Market for Eastern and Southern Africa (COMESA), East African Community (EAC) and the Southern Africa Development Community (SADC). The mini thesis argues that the creation of new TFTA institutions, in addition to the similar existing regional institutions, will translate into more financial costs; increased human resource cost for government officers; increase in non-financial treaty related obligations; and a high possibility of reaping fewer trade related gains, for countries that have multiple REC memberships. The mini thesis further demonstrates how the lack of clarity and hierarchy in the relationship between the TFTA institutions and the RECs’ institutions may negatively impact on countries that have multiple REC memberships. The mini thesis concludes by offering recommendations on how these challenges or costs on countries with multiple REC memberships can be addressed or ameliorated. / Government of Malawi

The diploma thesis "New Regionalism and Sub-Saharan Africa" deals with the question of economic integration in Africa and its theoretical reflexion. First chapter deals with the question whether different integration theories are applicable to African reality or not. Author subsequently analyzes Pan-Africanism as a specifically African ideology, classical economic integration theories, classical theories of political science on integration and modern theories of political science, with the conclusion that neither of these theories provides explanation of speeding up African integration in recent years. Chapter two deals with the phenomenon of so-called "new regionalism" as a process in world economy, second part deals with different theoretical conceptions and theories trying to describe and theorize about this process. Chapter three briefly describes evolution of African integration from its colonial starts to the newest initiatives connected with the transformation of Organization of African Unity into African Union. Chapter four offers five case studies of integration in different regional organizations. Each case study outlines starting position in 1991 in the sense of creation of organization, its aims and evolution of integration up to signing of the Abuja Treaty creating African Economic...

There is enough evidence on how climate change consequences will adversely affect Africa despite the fact that it is the continent that has least contributed to the problem. The international climate change regime recognises Africa's vulnerability to climate change and provides for special treatment under the United Nations Framework Convention on Climate Change (the UNFCCC). Thus, the international climate change regime presents an opportunity for African countries to adapt and mitigate the consequences of climate change through the UNFCCC mechanism. However, the international climate change legal regime has not been able to adequately assist African countries to address the consequences of climate change under the vulnerability principle. Although the current international climate change regime requires developed countries to reduce their greenhouse gas (GHG) emissions, Africa needs to take steps itself to address the problem, because it is most vulnerable to the consequences of climate change. The African Union (AU) could play a great role in ensuring that the international climate change regime addresses the consequences of climate change in the region. This could be done through fostering strong African common positions during international climate change negotiations. A strong common position could strengthen African bargaining power and might result in more funding, capacity building and technology development and transfer for adaptation and mitigation programmes under the UNFCCC-Kyoto Conference of Parties. However, reaching a strong common position requires the cooperation of the AU member states. In this context, African regional integration is an opportunity for the AU to foster such cooperation among member states. The Treaty Establishing the African Economic Community (the Abuja Treaty), the Constitutive Act of the AU and the Protocol on the Relations between the AU and Regional Economic Communities (RECs) prioritise regional economic integration and call for states' cooperation, but the call has not yet been heeded. To realise deep and viable African integration, there must be a well-structured institutional and legal framework that defines the relationship between the AU, the AEC and the RECs. African regional integration is also seen as an avenue whereby the AU can create its own regional climate-change regime. In this regard, the AU's and RECs' normative framework on climate change is examined in order to assess whether it adequately integrates climate change issues. This study finds that although Africa is most vulnerable to the consequences of climate change, the AU's and RECs' normative framework on climate change is weak and inadequate to address the problem. The Framework should integrate climate change issues in order to achieve sustainable development. The AU should also ensure that member states ratify the relevant treaties and protocols (the Maputo Nature Convention and the Protocol establishing the African Court of Justice and Human Rights) that have not yet been ratified in order that they may become operational. The Maputo Nature Convention puts sustainable development in the forefront of attention as a reaction to the potentially conflicting environmental and developmental challenges facing the continent (such as climate change), but it is not yet in force. This work finds that human rights law can strengthen the AU's role in addressing climate change through its normative framework. The human rights approach to climate change under the African Charter on Human and Peoples' Rights (the Banjul Charter) is a viable avenue because human rights law forms the basis for states' responsibility based on human rights obligations and principles. The extraterritorial application of the Banjul Charter presents an avenue for AU institutions such as the Human Rights Commission and the African Human Rights Court to curb the effects of climate change through a human rights lens. The future of the AU is presented within the context of a set of recommendations that identify strong African regional integration as an avenue through which the AU can foster the cooperation of member states to address the consequences of climate change in the AU's and RECs' normative frameworks. General recommendations are made on the need for the international climate change regime to pay more attention to issues of funding, capacity building and technology development and transfer on the basis of the vulnerability principle and in relation to the principles of equity and common but differentiated responsibilities and respective capabilities. Also, the AU needs to strengthen its legal and institutional structures to ensure deep African integration that is capable of addressing common challenges such as the consequences of climate change. / PhD (Law), North-West University, Potchefstroom Campus, 2014

There is enough evidence on how climate change consequences will adversely affect Africa despite the fact that it is the continent that has least contributed to the problem. The international climate change regime recognises Africa's vulnerability to climate change and provides for special treatment under the United Nations Framework Convention on Climate Change (the UNFCCC). Thus, the international climate change regime presents an opportunity for African countries to adapt and mitigate the consequences of climate change through the UNFCCC mechanism. However, the international climate change legal regime has not been able to adequately assist African countries to address the consequences of climate change under the vulnerability principle. Although the current international climate change regime requires developed countries to reduce their greenhouse gas (GHG) emissions, Africa needs to take steps itself to address the problem, because it is most vulnerable to the consequences of climate change. The African Union (AU) could play a great role in ensuring that the international climate change regime addresses the consequences of climate change in the region. This could be done through fostering strong African common positions during international climate change negotiations. A strong common position could strengthen African bargaining power and might result in more funding, capacity building and technology development and transfer for adaptation and mitigation programmes under the UNFCCC-Kyoto Conference of Parties. However, reaching a strong common position requires the cooperation of the AU member states. In this context, African regional integration is an opportunity for the AU to foster such cooperation among member states. The Treaty Establishing the African Economic Community (the Abuja Treaty), the Constitutive Act of the AU and the Protocol on the Relations between the AU and Regional Economic Communities (RECs) prioritise regional economic integration and call for states' cooperation, but the call has not yet been heeded. To realise deep and viable African integration, there must be a well-structured institutional and legal framework that defines the relationship between the AU, the AEC and the RECs. African regional integration is also seen as an avenue whereby the AU can create its own regional climate-change regime. In this regard, the AU's and RECs' normative framework on climate change is examined in order to assess whether it adequately integrates climate change issues. This study finds that although Africa is most vulnerable to the consequences of climate change, the AU's and RECs' normative framework on climate change is weak and inadequate to address the problem. The Framework should integrate climate change issues in order to achieve sustainable development. The AU should also ensure that member states ratify the relevant treaties and protocols (the Maputo Nature Convention and the Protocol establishing the African Court of Justice and Human Rights) that have not yet been ratified in order that they may become operational. The Maputo Nature Convention puts sustainable development in the forefront of attention as a reaction to the potentially conflicting environmental and developmental challenges facing the continent (such as climate change), but it is not yet in force. This work finds that human rights law can strengthen the AU's role in addressing climate change through its normative framework. The human rights approach to climate change under the African Charter on Human and Peoples' Rights (the Banjul Charter) is a viable avenue because human rights law forms the basis for states' responsibility based on human rights obligations and principles. The extraterritorial application of the Banjul Charter presents an avenue for AU institutions such as the Human Rights Commission and the African Human Rights Court to curb the effects of climate change through a human rights lens. The future of the AU is presented within the context of a set of recommendations that identify strong African regional integration as an avenue through which the AU can foster the cooperation of member states to address the consequences of climate change in the AU's and RECs' normative frameworks. General recommendations are made on the need for the international climate change regime to pay more attention to issues of funding, capacity building and technology development and transfer on the basis of the vulnerability principle and in relation to the principles of equity and common but differentiated responsibilities and respective capabilities. Also, the AU needs to strengthen its legal and institutional structures to ensure deep African integration that is capable of addressing common challenges such as the consequences of climate change. / PhD (Law), North-West University, Potchefstroom Campus, 2014

A rebours du schéma élaboré dans le cadre du Traité d’Abuja signé le 3 juin 1991 par les Etats membres de L’Organisation de l’unité Africaine (OUA), la divergence actuelle des systèmes régionaux africains constitue une dénaturation de l’approche convenue. Ce texte prévoit en effet dans son article 6, la création des Communautés économiques régionales (CER) comme une modalité de l’intégration continentale. A ce titre, huit CER sont aujourd’hui reconnues par l’Union Africaine : la Communauté Economique des Etats de l’Afrique de l’Ouest (CEDEAO) ; la Communauté Economique des Etats de l’Afrique Centrale (CEEAC) ; la Communauté de l’Afrique de l’Est (CAE) ; la Southern Africa Development Community (SADC); l’Autorité Intergouvernementale pour le Développement (IGAD); le Marché Commun de l’Afrique Australe et Orientale (COMESA); l’Union du Maghreb Arabe (UMA); et la Communauté des Etats Sahélo-Sahariens (CEN-SAD). L’établissement de la Communauté économique africaine instituée par le Traité, reste subordonné à la réussite de ces systèmes communautaires régionaux. Toutefois, la multiplication d’autres organisations communautaires sous-régionales - en plus de celles reconnues - d’une part, et la mise en œuvre de programmes et activités similaires dans le domaine économique d’autre part, tendent à compromettre la réalisation du projet africain. Cette situation fait échec au concept de départ qui établit le principe d’une exclusivité régionale à la faveur de la CER reconnue. A cause de chevauchements des objectifs poursuivis, il s’ensuit entre les organisations régionales, des rapports de rivalité plutôt que de complémentarité, aboutissant à la coexistence des systèmes d’intégration concurrents. Les rapports entre les CER et l’Organisation continentale rendent également visibles les insuffisances liées à la coordination du processus projeté. L’Union Africaine ne disposant pas du tout ou pas suffisamment des moyens juridiques lui permettant une intrusion dans la mise en œuvre des programmes communautaires régionaux, l’application des dispositions du Traité d’Abuja par les CER, ne semble pas homogène. La matérialisation des ambitions affichées par les Etats signataires demeure à ce jour conditionnée par la rationalisation de l’intégration envisagée. Cette étude vise à proposer quelques pistes de solutions en ce sens. / In stark contrast to the vision which emerged from the Treaty of Abuja, ratified by the member states of the Organisation of African Unity on the 3rd of June 1991, the present divergence of regional systems in Africa constitutes a serious distortion of the approach that was agreed upon. Indeed, in Article 6, the treaty sets forth the “strengthening of existing regional economic communities” (RECs) as a means of achieving integration on a continental scale. Along these lines, the African Union now recognizes eight RECs: the Economic Community of West African States (ECOWAS), the Economic Community of Central African States (ECCAS), the East African Community (EAC), the Southern African Development Community (SADC), the Intergovernmental Authority on Development (IGAD), the Common Market for Eastern and Southern Africa (COMESA), the Arab Maghreb Union (AMU), and the Community of Sahel-Saharan States (CEN-SAD). As laid out in the treaty, the establishment of the African Economic Community is entirely dependent upon the success of these regional community systems. At the same time, the increase of other community organisations at the sub-regional level, beyond those officially recognized, on the one hand, and the implementation of similar programmes and activities, on the other hand, tend to endanger the realisation of the African project. This situation flies in the face of the original idea, which was based on the principle of the regional exclusivity of the recognized RECs. As a result of the various overlapping goals that are being pursued by difference organisations, competitive rather than complimentary relations have led to a coexistence of rival systems of integration. The relations between the RECs and the continental organization (the AU) have also made apparent the inadequacy of the coordination procedure that had been envisaged. As the African Union does not have sufficient legal means at its disposal to intervene in the implementation of regional community programmes, the execution of the Treaty of Abuja by the RECs lacks homogeneity. In order to achieve the ambitions declared by those member states who signed the treaty, a rationalisation of the proposed integration is necessary. The present study puts forward several proposals as to how such a rationalisation may be accomplished.

The regional economic community (REC) of the Southern African Development Community (SADC) compri'ses 15 Southern African countries. The' economic and political aspects of regional integration in SADC dictate the pace of integration while the influence of a legal regime for regional integration remains at the periphery. While the SADC Treaty and its Protocol on Trade are clear about the priority of economic integration; the full implementation of SADC's economic integration is still yet to be realised using these legal instruments. Regional economic integration is also a priority at both continental and global level. The legal instruments applicable at these levels are those established through the African Union (AU) and the World Trade Organisation (WTO) respectively. Analysis of these external legal instruments is relevant because SADC Member States are signatories to agreements establishing these organisations·. Thus, rules based trade in SADC should be understood from a regional, continental and global perspective where a community must have well-structured and managed relations between itself and other legal systems as a necessary condition for its effectiveness. These structured relations refers to a legal and institutional framework that defines the relations between community and national laws, spelling out the modalities for implementing community law in Member States, defines the respective competencies of the community and Member States and provide rule based systems for resolution of conflicts. In setting the scene for an in-depth discussion of the legal and institutional framework for regional economic integration in SADC, this study presents the history of SADC, its political and economic characteristics that have shaped the legal aspects of trade within the region, the continent of Africa and the world at large. Within this context, the definition of regional integration is presented from a general and international understanding but ultimately gets narrowed down to what it means for Africa and SADC. The discussion on the · theories behind regional economic integration gives understanding to the integration approach employed in the organisation. South Africa's economic and political leadership is critical in the realisation of economic integration; hence this study acknowledges that without South Africa's full commitment; regional economic integration will suffer .a setback. Besides the challenge of implementing rules based trade in SADC, this study also identifies a number of obstacles to SADC regional economic integration and multiple memberships are identified as a: major stumbling block. A comparative study of SADC's institutional framework with that of the E1;Jropean Union· (EU) is undertaken to establish the rationale behind SADC's choice of utilising the EU model of integration. This study establishes the critical role institutions play in the implementation of treaty obligations as established by the agreements. The main lesson from this comparative study is that the EU institutions are allowed to fulfill their obligations of implementing treaty provisions, while SADC institutions are handicapped. The future of SADC is presented within the context of a set of recommendations that identifies the tripartite free trade area (FTA) that includes the East Africa Community (EAC) and the Common Market for Eastern and Southern Africa (COMESA) as one of viable legal instrument for deeper integration in SADC and the continent of Africa. General recommendations are made on the need for reform of rules and principles that are necessary for the implementation of SADC Treaty regime as well as possible improvements that are important for the full realisation of regional economic integration. / PhD (Law), North-West University, Potchefstroom Campus, 2012

The regional economic community (REC) of the Southern African Development Community (SADC) compri'ses 15 Southern African countries. The' economic and political aspects of regional integration in SADC dictate the pace of integration while the influence of a legal regime for regional integration remains at the periphery. While the SADC Treaty and its Protocol on Trade are clear about the priority of economic integration; the full implementation of SADC's economic integration is still yet to be realised using these legal instruments. Regional economic integration is also a priority at both continental and global level. The legal instruments applicable at these levels are those established through the African Union (AU) and the World Trade Organisation (WTO) respectively. Analysis of these external legal instruments is relevant because SADC Member States are signatories to agreements establishing these organisations·. Thus, rules based trade in SADC should be understood from a regional, continental and global perspective where a community must have well-structured and managed relations between itself and other legal systems as a necessary condition for its effectiveness. These structured relations refers to a legal and institutional framework that defines the relations between community and national laws, spelling out the modalities for implementing community law in Member States, defines the respective competencies of the community and Member States and provide rule based systems for resolution of conflicts. In setting the scene for an in-depth discussion of the legal and institutional framework for regional economic integration in SADC, this study presents the history of SADC, its political and economic characteristics that have shaped the legal aspects of trade within the region, the continent of Africa and the world at large. Within this context, the definition of regional integration is presented from a general and international understanding but ultimately gets narrowed down to what it means for Africa and SADC. The discussion on the · theories behind regional economic integration gives understanding to the integration approach employed in the organisation. South Africa's economic and political leadership is critical in the realisation of economic integration; hence this study acknowledges that without South Africa's full commitment; regional economic integration will suffer .a setback. Besides the challenge of implementing rules based trade in SADC, this study also identifies a number of obstacles to SADC regional economic integration and multiple memberships are identified as a: major stumbling block. A comparative study of SADC's institutional framework with that of the E1;Jropean Union· (EU) is undertaken to establish the rationale behind SADC's choice of utilising the EU model of integration. This study establishes the critical role institutions play in the implementation of treaty obligations as established by the agreements. The main lesson from this comparative study is that the EU institutions are allowed to fulfill their obligations of implementing treaty provisions, while SADC institutions are handicapped. The future of SADC is presented within the context of a set of recommendations that identifies the tripartite free trade area (FTA) that includes the East Africa Community (EAC) and the Common Market for Eastern and Southern Africa (COMESA) as one of viable legal instrument for deeper integration in SADC and the continent of Africa. General recommendations are made on the need for reform of rules and principles that are necessary for the implementation of SADC Treaty regime as well as possible improvements that are important for the full realisation of regional economic integration. / PhD (Law), North-West University, Potchefstroom Campus, 2012