The question is whether the legal framework for economic co-operation and integration in Africa, is suitable for achieving the aim of building the African Economic Community [AEC]. Economic integration, in leading to large markets and a supporting infrastructure, is a proper development strategy implementing which will depend on the efficacy of an enabling legal framework and a supportive multilateral trade system. The AEC is an integral part of the Organisation of African Unity [OAU]. Though largely a political organisation since inception way back in 1963, the OAU's agenda is increasingly economic, with the completion of de-colonisation, and will coincide with that of the AEC which is an economic and monetary union to be established in six stages through a merger of the regional economic communities [REC5]. To facilitate this merger, the aims, structure of organs and the entire legal framework of the RECs, need to be harmonised at the continental level. The structure for the AEC and the RECs gives pre-eminence to political organs, relegating the technical to making recommendations. In view of obstacles to African integration, such as inconsistent political will, effective technical organs ought to take charge of implementing the constitutive instruments and programmes. The AEC and RECs comply with the WTO Agreement. However, Article XXIV and Part IV of GATT need a proper interpretation, to guide parties. The Enabling Clause, dealing with regional trade agreements [RTAs] among developing countries, is the proper regime for notifying African RTAs; but as Africa is poised to develop and as the AEC is of indefinite duration, it is prudent that the RTAs comply with Article XXIV also. To develop a suitable legal framework, the protocols need to be drafted and adopted, and all the organs established. The constitutive instruments for the RECs need to be revised and implemented so that the stages for establishing the AEC are followed. An involved civil society and effective rules can improve prospects for the AEC.
| Identifer | oai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:327101 |
| Date | January 1999 |
| Creators | Mangeni, Francis |
| Publisher | London School of Economics and Political Science (University of London) |
| Source Sets | Ethos UK |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
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