Regional Developmentalism through Law: Establishing an African Economic Community

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Regional Developmentalism through Law: Establishing an African Economic Community

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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.

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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