Magister Legum - LLM / South Africa

Masters administration (M. Admin) / The tri-partite initiative in and for Africa has been accompanied by high levels of optimism since its political endorsement in 2008. It provides for an opportunity to resolve a host of problems with regards to regional integration in Eastern and Southern Africa. The overall aim of this study is to explore the prospects and challenges towards realising the Tri-partite Free Trade Area (T-FTA) in and for Africa. This study is pragmatic and implicitly seeks to uncover how the T-FTA could contribute to the African Regional Integration Project (ARIP), given the challenges that regional integration face in Africa. Regional integration has a long and rich history in Africa, which started at thehave been weak since the start and persist in its superficial nature with littledevelopmental impact. The reasons for the lack of meaningful integration in Africa are wide-ranging and span national, regional and system level analytical viewpoints. They encompass areas such as developmental levels, political will, respect for regional architecture, overlapping membership and the Economic Partnership Agreements (EPAs). These factors impact on the integration process in Africa and explain in varied ways why there has been little comprehensive economic integration. The starting point was to define the complex concept of regional integration. The dominant factors that define and affect regional integration in this study are that it is a state-based exercise, driven by economic integration, and influenced by the global political economy of the day. It was determined that Africa has adapted its regional integration strategies according to the shifts and influences in the global political economy on states, emanating from the post WWII period to the present day. The mpact of the global economy on Africa since independence was great and is viewed impact on the integration process. Regional integration is essentially a state to state pursuit for integration. Essentially, regional integration is being pursued by states that are still struggling to consolidate statehood, and this leaves little space to move towards a regional approach. However, given the dynamics of a globalised world, regional integration as a strategy is no longer questioned in Africa and is an important component of its developmental agenda. Clarifying the T-FTA was important, and this was done in order to highlight what the tri-partite initiative is and is not. This provided for an opportunity to investigate what the dominant areas are that have informed the emergence of the tri-partite process. The former was found to be largely economic in nature, focusing on harmonising the trade regimes of COMESA, EAC and SADC as a primary motivation. The tri-partite initiative will facilitate and encourage the harmonisation of trade regimes by stressing market integration, infrastructure development and industrialisation, coupled by a developmental approach. This is promising, as the tri-partite initiative seeks to simultaneously deal with many issues that have been commonly associated with the problems that regional integration face in Africa. When viewing the negotiating context, as well as the principles upon which it is to be based, indicate though, that Africa still favours individual state interest that will be hard to reconcile given that the tri-partite region currently has 26 participant states. In terms of economic integration, the T-FTA seeks to put new generation trade issues on the agenda by including services, movement of persons as well as trade facilitation, all of which have been found to be important in realising a trade in goods agenda that is the focus of regional integration in Africa. Analysing the grassroots realities of the market integration pillar offered some valuable insights towards the purposes of this study. The market integration pillar is inundated with challenges, with Rules of Origin (RoO) being the primary challenge towards consolidating the trade in goods agenda on a tri-partite level. New generation trade issues are going to be equally difficult to realise, given that they have no implementation record in the individual Regional Economic Communities (RECs). Promising though is that trade facilitation has already seen positive results by resolving non tariff barriers in the regions.Infrastructure development is equally challenging, although it provides a significant opportunity to create better connectivity (physical integration) between states. In lot of pan-African goals that directly feed into initiatives of the African Union (AU) pillar has not as yet created any concrete tri-partite plans, so it remains to be seen what can be achieved. Ideally, industrialisation is viewed as the pillar that will solve the supply-side constraints of African economies hence, strengthening the trade in goods agenda in the regions. Even though the T-FTA has practical challenges to implementation, there are at least two underlying factors that indirectly affect the prospects of realising the tripartite initiative. The EPAs are an emergent threat in that they run parallel to tripartite negotiations; and respect for a rules based integration process, are issues that warrant consideration. Fundamentally, in order to achieve a successful T-FTA will require a shift in the way business is done in African integration. African states need to realise that their national interests are best served through cooperation, in meaningful ways. Inevitably this requires good faith as well as ceding some sovereignty towards regional goals. Thus, there is a risk that the T-FTA not realised. The fundamentals of political will, economic polarisation and instability have to be resolved. This will lay an appropriate foundation for the tripartite initiative to be sustainable, with developmental impact. / South Africa

Magister Legum - LLM

This paper presents a case study of a regional integration called East African Community (EAC) that associates Kenya, Tanzania, Uganda later joined Rwanda and Burundi. The main research question is the reason for creation of the EAC. Congruence method is used to answer this question with further investigation to confirm existence of the causal relationship. There are three theories used to formulate a hypothesis concerning formation of the EAC - neofunctionalism, realism and liberal theory of international relation in the form reformulated by Andrew Moravcsik. Neofunctionalism cannot explain emergence of the EAC as strong supranational actor, key neofunctionalists feature, is not present. Spillover process also does not occur. Realism also fails to provide an explanation, although the end of the Cold War brings shift in global power structure. East Africa is also endangered by economic marginalization caused by integration of other parts of the continent. However intrastate and regional political instability and security threats were more important at that time. The EAC also does not correspond with the notion of only low politics integration. Liberalism offers most reasonable explanation that integration is based on common interest in development and fight against poverty. Common historical...

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This study sought to establish the critical underpinnings for the organisational effectiveness of regional integration institutions (RIIs). The interest arose out of a general observation of failure by RIIs in Africa to effectively achieve the objectives for which they were established. Informed by theories of organisational effectiveness, the study hypothesised that RIIs are likely to be effective in achieving the objectives for which they were established if the basic fundamentals of organisational effectiveness theory are embedded in their institutional structures, systems and processes. The East African Community (EAC) was used as a unit of analysis. A comparative analysis of the world's most advanced RII, the European Union (EU) was also undertaken. The findings revealed that the basic fundamentals of organisational effectiveness theory are only weakly ingrained in the EAC while deeply embedded in the EU. Recommendations were made on how the EAC could improve its organisational effectiveness. / PUBLIC ADMINISTRATION / MA (PUBLIC ADMINISTRATION)

This study sought to establish the critical underpinnings for the organisational effectiveness of regional integration institutions (RIIs). The interest arose out of a general observation of failure by RIIs in Africa to effectively achieve the objectives for which they were established. Informed by theories of organisational effectiveness, the study hypothesised that RIIs are likely to be effective in achieving the objectives for which they were established if the basic fundamentals of organisational effectiveness theory are embedded in their institutional structures, systems and processes. The East African Community (EAC) was used as a unit of analysis. A comparative analysis of the world's most advanced RII, the European Union (EU) was also undertaken. The findings revealed that the basic fundamentals of organisational effectiveness theory are only weakly ingrained in the EAC while deeply embedded in the EU. Recommendations were made on how the EAC could improve its organisational effectiveness. / PUBLIC ADMINISTRATION / MA (PUBLIC ADMINISTRATION)

The process which culminated in the establishment of the East African Community (EAC) in 1967 started in the early 1920s. The idea was first conceived in Britain. Initially, East Africans vehemently opposed this idea fearing that it would sustain British hegemony in the region, but their resentment did not prevent the establishment of the East African High Commission (EAHC) in January 1948. It was only in the 1950s and 1960s that East African leaders embraced the idea due to political and economic reasons. In 1961 they converted the EAHC into the East African Common Services Organisation (EACSO) and in 1967 they established the EAC. Nationalism and sub-nationalisms in the region cast a spell on the EAC. The coup, which took place in Uganda in 1971, strained relations between Idi Amin and Presidents Nyerere and Kenyatta thus making it impossible to hold regional meetings. Eventually, the EAC collapsed in June 1977. / Political Science / M.A. (Politics)

Thesis (MA)--Stellenbosch University, 2013. / Bibliography / ENGLISH ABSTRACT: This case study on East Africa analyses the impact of changing power relations over the last decade on Egypt’s hydro-hegemony on the Nile River Basin. Covering one-tenth of Africa’s landmass and providing resources for the 340 million people and countless species, the Nile is exemplary of Africa’s geographic, cultural and ecological diversity, as well as its political complexity. Eleven riparian states lie in its basin area and compete for dwindling water resources as demand rises in a highly asymmetrical power relationship between upstream and downstream states. Egypt, although geographically disadvantaged due to its downstream position, has established hydro-hegemony by combining material capabilities, legal and institutional mechanisms, as well as knowledge production. Its relative wealth is contingent upon the supply of Nile water, as it makes up 95% of Egypt’s freshwater. Egypt has legally secured its claim through the 1959 Treaty on the Full Utilisation of the Nile Waters which divides the Nile water flow between Egypt and Sudan. Egypt further established consolidated control by using its downstream position in the World Bank to de facto veto upstream hydro-electric power projects throughout the 1990s. In contrast, the East African Community Partner States only started to lay claim to the water over the last decade due to its history of colonialism, proxy wars and political instability. In 2002, the EAC decided to manage the Lake Victoria Basin jointly. Paired with growing stability and economic growth in the region, this management has attracted Chinese investment in hydro-electric power projects, notably dams, giving East Africa financial independence from both the World Bank and Egypt to build hydro-infrastructure projects. East African states use the influx of Chinese investments to increase their respective defence budgets while Egypt’s military spending, as a share of GDP, has been decreasing over the last decade. Under the Nyerere Doctrine, East African states refuse to honour the 1959 Treaty and have asked for re-negotiation. The first step was taken in 2011, when six upstream states under EAC leadership signed the Cooperative Framework Agreement paving the way for renegotiation, in the face of Egypt’s explicit refusal. Domestic factors in Egypt, coupled with East Africa’s growing self-confidence, are slowly changing the power relations in the Nile basin. Using the London Water Research Group’s Hydro-Hegemony framework in a triangular diachronic single-case study research design, this study traces the processes of counter-hegemony and hydropolitical power shifts. Understanding these political processes is the first step towards the sustainable distribution of the Nile water resources on the basin level. / AFRIKAANSE OPSOMMING: Hierdie gevallestudie oor Oos-Afrika ontleed die impak van veranderende magsverhoudinge op Egipte se beheer oor die loop van die Nylwater gedurende die laaste dekade. Die Nyl, wat vloei oor een tiende van die landmassa van Afrika en lewensmiddele verskaf aan die 340 miljoen mense en ontelbare spesies wat daar ´n bestaan voer, dien as voorbeeld vir Afrika se geografiese, kulturele en ekologiese diversiteit sowel as die politieke kompleksiteit daarvan. Elf oewerstate lê in die Nylopvanggebied en wedywer vir waterbronne wat afneem, terwyl die aanvraag styg in ‘n hoogs asimmetriese magsverhouding tussen die lande wat stroomop en stroomaf geleë is. Alhoewel Egipte geografies benadeel is deur stroomaf geleë te wees, het die land hidrohegemonie verkry deur middel van sy materiële vermoëns, wets- en institutêre meganismes, en kennisproduksie. Die relatiewe rykdom van Egipte is afhanklik van die beskikbaarheid van Nylwater, wat 95% van die land se varswater verskaf. Egipte het sy aanspraak daarop wetlik vasgelê deur middel van die 1959 Verdrag oor die Volle Gebruik van die Nylwater, wat die Nyl se vloei verdeel tussen Egipte en die Soedan. Gedurende die 1990s het die land sy beheer verder versterk deur sy stroomafposisie by die Wêreldbank te gebruik om hidroelktriesekragprojekte stroomop de facto te veto. As gevolg van ‘n geskiedenis van kolonialisme en politieke onrus, het die lidstate van die Oos-Afrikaanse Gemeenskap (OAG) egter eers gedurende die laaste dekade begin om die Nylwater te eis. In 2002 het die OAG besluit om die Victoriameer-opvanggebied gesamentlik te beheer. Hierdie beheer, saam met toenemende bestendigheid en ekonomiese groei in die gebied, het aanleiding gegee tot Chinese beleggings in hidroelektriesekragprojekte, veral damme, sodat Oos-Afrika finansiële onafhanklikheid verkry het van beide die Wêreldbank en Egipte om sy eie hidro-infrastuktuurprojekte te bou. Terwyl die Oos-Afrikaanse lande die invloei van Chinese beleggings gebruik om hulle onderskeie verdedigingsbegrotings te vergroot, het Egipte se militêre uitgawes afgeneem as ‘n deel van die BBP oor die laaste dekade. Die Oos-Afrikaanse lande beroep hulle op die Nyerere Dokrine deur te weier om die 1959 Verdrag na te kom, en het versoek dat dit heronderhandel word. Die eerste treë is in 2011, geneem toe ses stroomoplande onder die leierskap van die OAG die Koöperatiewe Raamwerk Verdrag onderteken het, wat die pad voorberei vir heronderhandeling ten spyte van Egipte se onomwonde weiering daartoe.

<p>This research paper pays particular attention to the EAC because of its unique composition of four LDCs46 and 1 DC47 and the fact that three of these countries are landlocked least developed countries (LLDCs).48 The EAC was notified as a RTA to the WTO under the Enabling Clause on 9 October 2000 and registered as a Custom Union49 under WT/COMTD/N/14.50 The notification of the EAC under the Enabling Clause is due to the nature of composition of members therein and to the fact that the Enabling Clause does not require regional trading arrangements to cover substantially all trade, or to achieve free trade in the bloc within ten years after notification. Additionally, it provides an avenue for giving special consideration to the LDCs through making concessions and contributions,51 allows automatic exemptions from MFN (non-discrimination) treatment in favour of DCs,52 and thus allows other WTO members to accord more favourable treatment to DCs in many cases without according the same treatment to other WTO members.53.</p>