Regional Developmentalism through Law: Establishing an African Economic Community

Law

Regional Developmentalism through Law: Establishing an African Economic Community

By Jonathan Bashi Rudahindwa
Routledge June 2018

Specifications

ISBN-13
9781138060197
Publisher
Routledge
Publication
June 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Offering a study of regionalism in Africa and investigating the ways in which law can be used to address the issues raised by regional processes on the continent, this book examines the African Economic Community, considering that it has been entrusted to coordinate and the harmonize policies between various Regional Economic Communities (RECs) across the continent, thereby influencing the continent’s approach towards regional integration.

It seeks to identify how law can be used to strengthen the African RECs while ensuring that they achieve their goal of promoting regional development across the continent. Drawing upon economic and political theories, and using a critical doctrinal analysis of legal texts and norms, the book uncovers the legal and economic underpinnings of the model of regional integration followed by the regional schemes operating under the banner of the AEC, aiming to contribute to the search for effective methods to ensure the success of these various initiatives.

Proposing the concept of "Regional Developmentalism Through Law" as the most suitable conceptual framework to support the effective establishment of an African Economic Community, this book will be of interest to researchers, academics and policy makers interested in the correlation between law, regional integration and development in Africa.

Table of Contents

Acknowledgments
Foreword
LIST OF CASES
CHAPTER ONE: Introduction
I. Introduction
II. Methodological approach
III. Research axes and outline
CHAPTER TWO: Regionalism, Law and Development
I. Introduction: Integration through Law
II. Colonisation and early attempts towards regional groupings
III. Independence, old regionalism and the role of law in regional development
IV. Globalisation and the shift to new regionalism
IV.1. Regional development through legal and economic integration
IV.2. Economic and politico-legal approaches to regional integration
V. Overview of regional integration efforts in Africa
VI. Regional developmentalism through law
VII. Conclusion
CHAPTER THREE: Political Economy of Regionalism in Africa
I. Introduction
II. The 1960s to 1980s: The first attempt towards self-reliance and state-led developmentalism
II.1. Regional cooperation and self-reliance in the Charter of the Organisation of African Unity (OAU) and the Lagos Plan of Action (LPA)
III. The 1980s to 1990s: The SAPs, the Washington Consensus and the subsequent focus on trade liberalisation
III.1 The Berg Report and policy-lending through the Structural Adjustment Programmes
III.2. Impact on the Treaty of Abuja and African RECs
III.3. Further trade liberalisation through GATT and the WTO
IV. The late 1990s to 2000s: The Post-Washington Consensus and NEPAD
IV.1 Re-introduction of the state through good governance and the rule of law
IV.2 Second attempt towards regional developmentalism through NEPAD
V. Recent Developments: CFTA, TFTA, BIAT, and PIDA
VI. Conclusion
CHAPTER FOUR: Contextualising the concept of integration through law
I. Introduction
II. Market access and trade liberalisation under NAFTA
II.1. Rules-based coordination mechanism
II.2. Interstate dispute resolution and arbitration
II.3. Impact of the NAFTA model on economic development
III. Trade liberalisation and economic integration through MERCOSUR
III.1. Treaty of Asunción, economic growth and expansion of domestic markets
III.2. Establishment of the Customs Union and the adoption of the Protocol of Ouro Preto
III.3. Quasi-judicial dispute settlement mechanism
III.4. Effect of MERCOSUR
IV. Regional production base and trade facilitation through ASEAN
IV.1. ASEAN Declaration and de facto economic integration
IV.2. Move to a rules-based integration through AFTA
IV.3. Establishment of a legal and institutional framework through the ASEAN Charter
V. Conclusion
CHAPTER FIVE: The establishment of a Common Market within the European Community
I. Introduction
II. Sectoral approach and the inception of the integration process under the Treaty of Paris
II.1 Sectoral integration
III. Deeper integration under the Treaty of Rome (EEC Treaty)
III.1. Trade liberalisation
III.2. Rules-based and institutionalised coordination mechanism
IV. Governance through legal integration
IV.1. Positive integration through the approximation (harmonisation) of laws
IV.2. Negative integration through the jurisprudence of the ECJ
V. Completion of the Common Market through the Single European Act (SEA)
VI. Conclusion
CHAPTER SIX: Regional developmentalism through law within SADC, ECOWAS and EAC
I. Introduction
II. State-led development coordination and capacity-building through SADCC/SADC
II.1. Project coordination approach under SADCC
II.2. The move to regional economic integration under SADC
III. The classical model of regional integration under ECOWAS
III.
1. Initial efforts through the 1975 ECOWAS Treaty
III.2. Improvement of the legal framework through the 1993 ECOWAS Treaty
IV. Comprehensive regionalism under the EAC
IV.1. Initial efforts based on regional economic integration
IV.2. The move onto regional developmentalism through law under the 1999 EAC Treaty
V. Conclusion
CHAPTER SEVEN: The Issue of Harmonisation within the AU/AEC
I. Introduction
II. Harmonisation within the AU/AEC framework
III. Harmonisation/Unification through the Organisation for Harmonisation of Business Law in Africa (OHADA)
III.1. Overview of OHADA’s historical context
III.2. OHADA’s harmonisation approach
III.3. The Common Court of Justice and Arbitration (CCJA)
V. Conclusion
CHAPTER EIGHT: Conclusion
I. Summary of the analysis
II. Theoretical implication
II.1. Rules-based and extensive vs. open-ended regulatory frameworks
II.2. Intergovernmental vs. supranational institutional framework
II.3. Interstate and quasi-judicial vs. judicial dispute settlement mechanisms
BIBLIOGRAPHY
Index
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