Magister Legum - LLM / The problems connected with transit of goods also have been mostly neglected in the respective literature so far: In most books about the law of the WTO, Article V of GATT 1994 has been left out completely or reference is only made to the text of the article. In the following, this thesis will thus examine (i) what transit restrictions exist for the transport of Ugandan goods from and to the international market through Kenya (see Chapter 2 below); (ii) whether these measures adopted in Kenya are in compliance with the relevant law of the EAC (see Chapter 3 below) and of the WTO (see Chapter 4 below); and (iii) if there is a conflict in jurisdiction in this respect (see Chapter 5 below). In addition, it will then shortly show the current status of the current negotiations of the WTO Trade Facilitation Committee and the possible implications of the Revised Draft Negotiation Text (see Chapter 6 below)

Services are the fastest growing sector of the economy. With the advent and development of technology, trade in services has grown more rapidly than trade in goods in world production. This has also resulted from ongoing economic reforms and the development of more liberal policies. Prior to the Uruguay Round of negotiations, international trade was confined to the conventional form of trade in goods or merchandise trade. With new developments, especially with the advent of technological changes, trade not only centred on cross border exchanges of goods but was broadened to include cross border trade of services. In spite of this development in trade in services, trade negotiations on services liberalisation have made little progress under the World Trade Organisation (WTO). Because of this, countries have opted for other fora to address their needs under trade in services. One of the ways of doing this has been to enter into regional and free trade agreements providing for liberalisation of trade in services. Such has been the case of the proliferation of such agreements not only Africa but the world over, during the last decade. Services provisions under regional trade agreements (RTAs) follow the same trend as those RTAs that provide for goods. They are largely premised on the elimination of explicit barriers to the entry of foreign service providers in the region. Notably, for services trade under RTAs, two models of liberalisation are largely used. A number of RTAs tend to duplicate the use, found in GATS, of a positive-list approach to market opening, whereas others pursue a negative-list approach. The negative-list approach is modelled along the services provisions in the North American Free Trade Agreement (NAFTA). Much discourse has been advanced on which of the models of liberalisation is better although no conclusive research has been undertaken in support of either one. Proponents of the negative list do advance its attributes while those of the negative list do the same. However, most of them conclude that one cannot say with finality that either one is the better option because the impact of liberalisation is not automatic. Such liberalisation, in order to benefit the regional economy, and also the domestic economies, must be accompanied by related policy reforms and proper formulation of such reforms. Managing reforms of services markets should therefore be done in combination with the proper formulation of both competition and regulatory reforms and policies. In addition, there should be adequate regulation and supervision mechanisms to monitor the functioning of the different services sectors or else the liberalisation efforts of the countries will be undermined. Much of such discourse on the choice of either approach to liberalisation has been undertaken based on the RTAS and free trade agreements in North America and Asia. Notably, not much of the same has been done regarding such agreements in Africa. As such, this research is undertaken focusing on assessing albeit fleetingly, the scheduling approach adopted by the East African countries under the Protocol for the establishment of the East African Community Common market. This research, while drawing from that undertaken in other regions, attempts to explore the likely consequences of the liberalisation approach adopted by the countries of the East African Community. / Dissertation (LLM)--University of Pretoria, 2010. / Centre for Human Rights / unrestricted

“The World Customs Organization Arusha Declaration for customs integrity proposes two elements to improve integrity: simplification of procedures, including automation, and adequate human resource management. The declaration, along with the Integrity Development Guide, a set of comprehensive integrity tools specifically designed to help customs administrations implement the principles contained in the Arusha Declaration, casts light on customs reform and modernization from the angle of fighting corruption, as improving integrity should be a cornerstone of any capacity building activities.” <ul> <li>Kunio Mikuriya, Deputy Secretary General, World Customs Organization In J.Edgardo C and S.Pradhan (eds) (2007) 367,The Many Faces of Corruption: Tracking Vulnerabilities at the Sector Level, Washington DC, World Bank.</li> </ul> Customs inefficiencies are well known to impede the integration of developing countries into the global economy. There are a number of bottlenecks to trading across borders. Among these bottlenecks, with their attendant costs, are: Excessive documentation, inadequate procedures and lack of audit-based controls; lack of risk assessment and management techniques; lack of modern infrastructure; lack of automation and use of computerized procedures; and lack of transparency. All these couples together create an environment rife with corruption as traders seek to process their transaction at whatever cost. Paying bribes then becomes the order of the day and result into an added cost to trading. In this era of globalization, an enormous demand has been placed on customs administrations especially in Africa to simplify their procedures so as to enable firms to participate meaningfully in international and regional trade. The complexity and costs of transactions, including corruption must be eliminated, thus the urgent need for trade facilitation. This study seeks to emphasize the potential of trade facilitation as a policy measure that can reduce the prevalence and negative effects of corruption in customs. While obviously not a cure-all for the wide variety of corrupt transactions taking place in customs administrations, this study will show that trade facilitation can nonetheless be of considerable help in dealing with corruption in customs. / Dissertation (LLM)--University of Pretoria, 2010. / Centre for Human Rights / unrestricted

Regional integration, defined as a process in which countries enter into agreements to enhance regional trade, economic and political cooperation, remains an integral part of Africa’s development strategy as evidenced by the proliferation of regional integration agreements on the continent. The implications of these regional agreements on the strategy and operations of multinational corporations on the continent is a question that has received little attention, and as a result, largely remains unanswered. The East African Community, the regional intergovernmental organisation between the Republics of Burundi, Kenya, Rwanda, Tanzania and Uganda, may lay claim to the position of being the most advanced regional block in Africa with respect to progress made at implementing integration objectives. As such, the impact that deepening integration may have had on multinationals operating in the East African Community evokes much interest and attention. This research therefore interrogates the implications of deepening regional integration on business strategy in the East African Community. / Dissertation (MBA)--University of Pretoria, 2012. / Gordon Institute of Business Science (GIBS) / unrestricted

A research report submitted in partial fulfilment of the Degree of Master of Commerce (Economics/Economic Science) in the School of Economic and Business Sciences, University of the Witwatersrand, 2018 / World trade has become a significant factor in improving standards of living, creating employment, improving countries’ balance of payments and making it possible for consumers to have a wide variety of goods and services to choose from (Vijayasri, 2013). Living examples of some of the benefits of world trade are those brought by the African Growth and Opportunity Act (AGOA) initiative. [No abstract provided. Information taken from introduction]. / XL2019

M.Com. (Economics) / The purpose of this study is to examine the impact of economic integration on trade growth in the East African Community (EAC). The EAC created in June 2001, is the regional umbrella organisation overseeing a pan-nation, an inter-governmental trade bloc for the Republics of Kenya, Uganda, Tanzania, Rwanda and Burundi. The objectives of the organisation are to create an environment where free movement of people, goods and labour can occur, spurring economic growth and well-being of the region’s citizens. The concept of economic integration emerged post the Second World War (WWII), as an avenue for creating a protected large free-trade area in which gradually capital movements could be liberalised. It has been adopted in different regions with varying degrees of success. It is in this context that the EAC was examined. The study uses two models to analyse the impact of economic integration on trade growth; the institutional integration index and the augmented gravity model. The first model is important in the analysis of economic integration in that it provides evidence of the impact that deeper and wider integration has on trade growth. The second model, the augmented gravity model is an “augmentation” of the traditional gravity model with additional variables that cater for the effects of the second, third and fourth stages of integration. The study applies panel data analysis on a 10 year data set and empirically assesses the impact of economic integration on trade growth. Based on the results of the two models, it is found that economic integration does lead to trade growth, however because the EAC has only attained the first stage of integration i.e. Customs union and is currently pursuing the second stage i.e. Common markets, factors that come into play in the latter stages of integration i.e. monetary union and political federation, have no significant impact on trade.

The topic of this thesis is a gender inequality in Kenya. The main goal is to identify a Kenya's position within the East African Community in term sof gender inequality. The position is identified through descriptive comparison of gender indexes and other indicators, and furthermore through their achieved results within the Millennium Development Goals, particularly those focused on gender issues. Another comparison is held among the members states of East African Community on the basis of government's approach towards such issues. Second goal of the thesis is to analyse the gender inequality in Kenya. Specifically the main causes and factors which influence the inequality in Kenya. I tis important as the causes and factors of such inequality have negative effect on the relation between socio-economic growth and decreasing gender inequality. In other words, the thesis analyses the gender inequality on two level - "externalʼʼ (international comparison) and "internalʼʼ (discussion of the conditionality of gender inequality in Kenya). Key words: Kenya, East African Community, gender, gender inequalities, empowerment

Magister Legum - LLM

The East African Community (EAC) suffers from a critical lack of cross-border railway networks that, if remedied, could improve regional connectivity and boost intraregional trade. The region would also become more investor friendly. Cross-border railway connectivity is particularly important owing to the challenging geographical location and small, uncompetitive and inefficient Partner States. The EAC Partner States have embarked on an ambitious programme to jointly revamp the region’s railways to address the transport deficits. Joint implementation of transport infrastructure projects offers economies of scale. However, joint efforts are constrained by inefficiencies of the region’s legal and institutional frameworks. The region is characterised by inefficient legal and institutional frameworks. This research argues that it is critical to first address the legal and institutional bottlenecks which will in turn constitute the backbone to support EAC’s efforts towards development and sustainable management of cross-border railways in the EAC. The research reviews effectiveness of the existing legal and institutional frameworks, identifies gaps and, using Southern African Development Community (SADC) as a benchmark proposes solutions for improvement. / Dissertation (LLM)--University of Pretoria, 2014. / gm2015 / Centre for Human Rights / LLM / Unrestricted

The establishment of the East African Community (EAC) in 1999 brought with it new expectations for the citizens of the East African region. The main objective of the EAC is to bolster development in various fields such as economic, social, cultural, research, technology and legal affairs. In order to reach such an objective, the EAC member states have pledged to adhere to human rights, as one of the founding principles of the EAC. Member states are also required to respect accepted universal human rights standards when carrying out Community activities. In order to ensure that EAC values, as provided in the EAC Treaty, are preserved, member states voluntarily decided to put in place a judicial organ for the Community − the East African Court of Justice (EACJ). The Court is the main judicial organ of the EAC, with the primary responsibility for interpreting and applying EAC law. Despite the fact that human rights constitute one of the EAC norms, the EACJ has yet to be granted an explicit human rights jurisdiction. It has thus fallen on the Court to engage in judicial activism to indirectly protect human rights within the Community. Thus, this study examines the role of the EACJ in protecting human rights within the EAC, as well as the challenges it is facing at present and its prospects. This study, therefore, demonstrates that the current limitation on the human rights jurisdiction of the EACJ has rendered the Court unable to protect human rights effectively within the EAC. / Thesis (LLD)--University of Pretoria, 2014. / tm2015 / Centre for Human Rights / LLD / Unrestricted