The role of law in deepening regional integration in Southern Africa - a comparative analysis of SADC and COMESA

 

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dc.contributor.advisor Kalula, Evance en_ZA
dc.contributor.author Nyirongo, Raisa en_ZA
dc.date.accessioned 2017-10-02T13:06:24Z
dc.date.available 2017-10-02T13:06:24Z
dc.date.issued 2017 en_ZA
dc.identifier.citation Nyirongo, R. 2017. The role of law in deepening regional integration in Southern Africa - a comparative analysis of SADC and COMESA. University of Cape Town. en_ZA
dc.identifier.uri http://hdl.handle.net/11427/25481
dc.description.abstract Regional integration is not a new phenomenon in Africa. It can be traced back to the creation of the Southern African Customs Union (SACU) in 1917, which was the world's first customs union. Upon gaining independence, states formed the Organization of African Unity (OAU). At that time, Heads of States viewed regional integration as a protectionist measure against colonialism and as a way of forming a self-sustaining continent. However, the additional challenges facing Africa over time prompted various initiatives by Heads of States which were aimed at deepening integration on the continent. Notable actions include the signing of the Abuja Treaty, which established the African Economic Community (AEC), and the replacement of the OAU by the African Union (AU). Further, the continent experienced an increase in the number of Regional Economic Communities (RECs) and there are now fourteen RECs. Despite the steps taken to further integration, the success of such regional integration on the continent has been minimal and Africa has become even more marginalized on the global market. This lack in progression can be attributed to challenges such as inadequate resources, overlapping memberships in multiple RECs and duplicated programmes and efforts. Another challenge that is not readily recognized is the lack of attention to the role of law in economic integration. RECs have largely focused on the economic and political aspects of regional integration but have given minimal attention to the necessity of a strong legal foundation. RECs develop community law and these laws should be enforceable within Member States. However, due to the weak legal systems of RECs in Africa that do not make community law supreme, enforceability of this law has proven challenging. Comparatively, other RECs such as the European Union, have achieved deeper levels of integration and this can partly be attributed to the strong legal systems that have been developed. It is on the basis of this challenge that this study is conducted. The study aims to provide an in-depth analysis of the weaknesses of existing legal systems of the Southern African Development Community (SADC) and the Common Market for Eastern and Southern Africa (COMESA). The study further analyses the manner in which other RECs, such as the European Union and the Economic Community of West African States, have successfully integrated through law, with the aim of identifying solutions for the existing weaknesses in Southern Africa. en_ZA
dc.language.iso eng en_ZA
dc.subject.other International Trade Law en_ZA
dc.subject.other regional economic communities en_ZA
dc.subject.other regional trade agreements en_ZA
dc.title The role of law in deepening regional integration in Southern Africa - a comparative analysis of SADC and COMESA en_ZA
dc.type Master Thesis
uct.type.publication Research en_ZA
uct.type.resource Thesis en_ZA
dc.publisher.institution University of Cape Town
dc.publisher.faculty Faculty of Law en_ZA
dc.publisher.department Department of Commercial Law en_ZA
dc.type.qualificationlevel Masters
dc.type.qualificationname LLM en_ZA
uct.type.filetype Text
uct.type.filetype Image
dc.identifier.apacitation Nyirongo, R. (2017). <i>The role of law in deepening regional integration in Southern Africa - a comparative analysis of SADC and COMESA</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/25481 en_ZA
dc.identifier.chicagocitation Nyirongo, Raisa. <i>"The role of law in deepening regional integration in Southern Africa - a comparative analysis of SADC and COMESA."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2017. http://hdl.handle.net/11427/25481 en_ZA
dc.identifier.vancouvercitation Nyirongo R. The role of law in deepening regional integration in Southern Africa - a comparative analysis of SADC and COMESA. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2017 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/25481 en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Nyirongo, Raisa AB - Regional integration is not a new phenomenon in Africa. It can be traced back to the creation of the Southern African Customs Union (SACU) in 1917, which was the world's first customs union. Upon gaining independence, states formed the Organization of African Unity (OAU). At that time, Heads of States viewed regional integration as a protectionist measure against colonialism and as a way of forming a self-sustaining continent. However, the additional challenges facing Africa over time prompted various initiatives by Heads of States which were aimed at deepening integration on the continent. Notable actions include the signing of the Abuja Treaty, which established the African Economic Community (AEC), and the replacement of the OAU by the African Union (AU). Further, the continent experienced an increase in the number of Regional Economic Communities (RECs) and there are now fourteen RECs. Despite the steps taken to further integration, the success of such regional integration on the continent has been minimal and Africa has become even more marginalized on the global market. This lack in progression can be attributed to challenges such as inadequate resources, overlapping memberships in multiple RECs and duplicated programmes and efforts. Another challenge that is not readily recognized is the lack of attention to the role of law in economic integration. RECs have largely focused on the economic and political aspects of regional integration but have given minimal attention to the necessity of a strong legal foundation. RECs develop community law and these laws should be enforceable within Member States. However, due to the weak legal systems of RECs in Africa that do not make community law supreme, enforceability of this law has proven challenging. Comparatively, other RECs such as the European Union, have achieved deeper levels of integration and this can partly be attributed to the strong legal systems that have been developed. It is on the basis of this challenge that this study is conducted. The study aims to provide an in-depth analysis of the weaknesses of existing legal systems of the Southern African Development Community (SADC) and the Common Market for Eastern and Southern Africa (COMESA). The study further analyses the manner in which other RECs, such as the European Union and the Economic Community of West African States, have successfully integrated through law, with the aim of identifying solutions for the existing weaknesses in Southern Africa. DA - 2017 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2017 T1 - The role of law in deepening regional integration in Southern Africa - a comparative analysis of SADC and COMESA TI - The role of law in deepening regional integration in Southern Africa - a comparative analysis of SADC and COMESA UR - http://hdl.handle.net/11427/25481 ER - en_ZA


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