legal aspects of economic integration in africa

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Legal Aspects Of Economic Integration In Africa

Author : Richard Frimpong Oppong
ISBN : 9781139497589
Genre : Law
File Size : 62. 17 MB
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Richard Frimpong Oppong challenges the view that effective economic integration in Africa is hindered by purely socio-economic, political and infrastructural problems. Inspired by the comparative experiences of other regional economic communities and imbued with insights from constitutional, public and private international law, he argues that even if the socio-economic, political and infrastructural challenges were to disappear, the state of existing laws would hinder any progress. Using a relational framework as the fulcrum of analyses, he demonstrates that in Africa's economic integration processes, community-state, inter-state and inter-community legal relations have neither been carefully thought through nor situated on a solid legal framework, and that attempts made to provide legal framework have been incomplete and, sometimes, grounded on questionable assumptions. To overcome these problems and aid the economic integration agenda that is essential for Africa's long-term economic growth and development, the author proposes radical reforms to community and national laws.

Legal Reception And Regional Economic Integration In Southern Africa

Author : Diana Eunice Kawenda
ISBN : 9783960676584
Genre : Law
File Size : 76. 5 MB
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The dire African economic situation has been a perennial problem for the past six decades. Many problems emanate from slow economic growth, such as poverty and unemployment. There is a need for a collective effort to ensure economic growth, which would be the most viable solution to these problems, and the key to such a collective effort is regional economic integration (REI). This study examines REI within the legal context. It tests the proposition that the law can be used as a means to achieving REI. At the heart of this proposition lies the legal challenge that comes with the different approaches to legal reception and how they impede the realisation of REI. An analysis is performed of the theories related to legal reception, which include the monist, the dualist and the hybrid theories. REI was embraced in Europe and has yielded fruitful results. There is no doubt that the collective efforts to realise economic growth in other continents stem from the inspiration of the European example. Europe is used in this study to illustrate how the obstacles that accompany the different approaches to legal reception may be superseded. The study examines how the law was used in Europe as a means to attain REI. An attempt is then made to understand REI from an African perspective by setting out the legal framework and its shortcomings. Attention is paid to Africa’s sub-region of Southern Africa, and the study examines legal reception within Southern Africa and how the different approaches to legal reception within the two RECs, the SADC and COMESA, impact upon the realisation of REI. It seeks to evaluate the possibility that the African continent, particularly Southern Africa, may be able to use the law to attain REI. A further analysis is made by examining South Africa's approach to legal reception and how this impacts on the realisation of REI.

Intellectual Property Policy Law And Administration In Africa

Author : Caroline B. Ncube
ISBN : 9781317589969
Genre : Law
File Size : 26. 4 MB
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This book examines the harmonisation of Intellectual Property (IP) policy, law and administration in Africa. Two recent developments have brought this topic to the fore. The first is the escalation of long-standing efforts to establish a Pan-African Intellectual Property Organisation (PAIPO), a continental initiative. The second is the current sub-regional attempt to operationalise the IP provisions of the Southern African Development Community (SADC)’s Protocol on Trade (articles 9b and 24) and its Protocol on Science, Technology and Innovation (article 2m). Intellectual Property Policy, Law and Administration in Africa discusses the viability of such initiatives with particular reference to the current socio-economic status of Africa’s nations. With a view to contributing to future developments in Africa at both a continental and sub-regional level, the author considers this issue through the lens of advancing the public interest in IP. Ncube argues that harmonisation initiatives ought to be crafted in a way that is supportive of the development aspirations of African states. Consequently, she urges due consideration of individual states’ unique conditions and aspirations in any harmonisation venture, a necessity outlined in article 7 of the Agreement on Trade Related Aspects of Intellectual Property Rights. This book will be of great relevance to scholars and policy makers with an interest in IP law and African law in general.

Competition Policy And Regional Integration In Developing Countries

Author : Josef Drexl
ISBN : 9781781004319
Genre : Business & Economics
File Size : 26. 12 MB
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'This wonderful volume offers a timely and important look at competition policy where it is changing the most – developing countries pursuing regional agreements. It provides superb analytical discussions of the impact of regional competition policy integration, why developing states have pursued this strategy, and the extent to which it is meeting their needs. the editors have assembled a superb roster of experts, so it is not a surprise that the book recommendations are insightful, and deserving of attention from policy makers.' – Andrew Guzman, Berkeley Law School, US This book presents a detailed study of the interface between regional integration and competition policies of selected regional trade agreements (RTAs), and the potential of regional competition laws to help developing countries achieve their development goals. the book provides insights on the regional integration experiences in developing countries, their potential for development and the role of competition law and policy in the process. Moreover, the book emphasizes the development dimension both of regional competition policies and of competition law. This timely book delivers concrete proposals that will help to unleash the potential of regional integration and regional competition policies, and also help developing countries to fully enjoy the benefits deriving from a regional market. Bringing together analysis from well-known scholars in the developed world with practical insight from scholars in countries hoping to exploit the potential of competition law, this book will appeal to academics working in the field of competition law, practitioners, policy makers and officials from developing countries, as well as those in development organizations such as UNCTAD.

Regional Integration And Food Security In Developing Countries

Author : Alan Matthews
ISBN : 8170354943
Genre : Agriculture and state
File Size : 48. 54 MB
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Regional trade arrangements are increasingly important elements of the global trade environment. However, especially when developing countries are concerned, there are differing viewpoints on the desirability and the efficient design of regional integration. This document reviews the regional integration debat for those involved in the preparation of food security strategies as part of programmes for developing countries. The document is aimed at providing a better understanding of the motivation, processes and constraints to regional integration and cooperation, and at identifying the potential role of these arrangement in promoting food security. It directly addresses issues such as the impact of regional integration on food security in developing countries and how these regional groupings might contribute to promoting food security; how poverty and hunger can be alleviated by regional integration; and the possible opportunities for regional integration to promote food security. Contents Chapter 1: Introduction; The resurgence of regionalism, Growing complexity of RTAs, Charateristics of integration schemes, Politicial commitment and regional integration, Donor attitudes to regionalism, Aims and structure of the document; Chapter 2: Economic Aspects Of Regional Integration; The traditional approach to regional trade arrangments, Modern contributions, Developmental regionalism, The new regionalism, Regionalism and services trade, Regulatory coordination; toward deeper integration; Implications for convergence, Implications for developing countries, Numerical example of trade creation and diversion; Chapter 3: Institutional Aspects Of Regional Integration; The issue of sovereignty, The scope of regionalism, Sustainability of regional integration arrangements, Implications of institutional design for developing countries; Chapter 4: Legal Aspects Of Regional Integration; What the WTO rules say about RTAs, Controversies in the interpretation of WTO rules, WTO rules on regionalism and agricultural trade liberalization, Implication of WTO rules for developing countries; Chapter 5: Regionalism And Food Security; Food security and poverty reduction, Trade integraton and food security, Regional cooperation and food security, Agriculture in regional integration schemes, Implications of a common agricultural market, The role of borders, The common external tariff, Coordination of domestic subsidies, Financial mechanisms, Proofing regional integration schemes for their foor security impact, Regional cooperation, Functional cooperation, Policy harmonization, Networking and benchmaking, Implications for developing countries; Chapter 6: Regional Integratin In Africa; African regionalism in perspective, Reasons for the past lake of success of African regional groupings, The debate on the new regionalism in Africa, The future of regional integration in Africa; Chapter 7: Conclusions; Welfare consequences of regional integration, Implications of institutional design for developing countries, Implications of WTO rules for developing countries, Regionalism and food security in developing countries.

African Yearbook Of International Law 1988

Author : A. A. Yusuf
ISBN : 9041111662
Genre : Law
File Size : 79. 28 MB
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The "African Yearbook of International Law" provides an intellectual forum for the systematic analysis and scientific dissection of issues of international law as they apply to Africa, as well as Africa's contribution to the progressive development of international law. It contributes to the promotion, acceptance of and respect for the principles of international law, as well as to the encouragement of the teaching, study, dissemination and wider appreciations of international law in Africa. A clear articulation of Africa's views on the various aspects of international law based on the present realities of the continent as well as on Africa's civilization, culture, philosophy and history will undoubtedly contribute to a better understanding among nations. The "African Yearbook of International Law" plays an important role in examining the tensions underlying the State in Africa, and by shedding more light on the causes of the fragility of African State institutions so as to facilitate the identification of appropriate remedies. The tension and interrelationships among issues such as territorial integrity, self determination, ethnic diversity and nation-building are constantly addressed. Development, human rights and democratization in Africa are also the subject of continuous attention and examination. The Special Theme of this volume is "Regional Economic Integration in Africa,"

European Yearbook Of International Economic Law 2013

Author : Christoph Herrmann
ISBN : 9783642339172
Genre : Law
File Size : 31. 13 MB
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Part one of Volume 4 (2013) of the European Yearbook of International Economic Law offers a special focus on recent developments in international competition policy and law. International competition law has only begun to emerge as a distinct subfield of international economic law in recent years, even though international agreements on competition co-operation date back to the 1970s. Competition law became a prominent subject of political and academic debates in the late 1990s when competition and trade were discussed as one of the Singapore issues in the WTO. Today, international competition law is a complex and multi-layered system of rules and principles encompassing not only the external application of domestic competition law and traditional bilateral co-operation agreements, but also competition provisions in regional trade agreements and non-binding guidelines and standards. Furthermore, the relevance of competition law for developing countries and the relationship between competition law and public services are the subject of heated debates. The contributions to this volume reflect the growing diversity of the issues and elements of international competition law. Part two presents analytical reports on the developments of the regional integration processes in North America, Central Africa and Southeast Asia as well as on the treaty practice of the European Union. Part three covers the legal and political developments in major international organizations that deal with international economic law, namely the IMF, WCO, WTO, WIPO, ICSID and UNCTAD. Lastly, part four offers book reviews of recent works in the field of international economic law.

Assessing Regional Integration In Africa Ii

Author : United Nations. Economic Commission for Africa
ISBN : 9211251028
Genre : Business & Economics
File Size : 79. 61 MB
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This report examines the effectiveness of Africa's regional economic communities in pushing forward the regional integration agenda towards the objectives of the Abuja Treaty establishing the African Economic Community. A fully functioning African Economic Community will remove all barriers to movement of people, goods and services across the continent, thereby creating a single economic space. The report examines the critical role that institutions in general can play in achieving policy objectives, and the specific role that African institutions perform. The analysis focuses on the regional economic communities, which have been designated by the African Union as the building blocks for achieving the African Economic Community.

Law And State

Author :
ISBN : STANFORD:36105061437567
Genre : Law
File Size : 36. 3 MB
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African Yearbook Of International Law

Author : A. A. Yusuf
ISBN : 0792327187
Genre : Law
File Size : 53. 37 MB
Format : PDF, Kindle
Download : 937
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The "African Yearbook of International Law" provides an intellectual forum for the systematic analysis and scientific dissection of issues of international law as they apply to Africa, as well as Africa's contribution to the progressive development of international law. It contributes to the promotion, acceptance of and respect for the principles of international law, as well as to the encouragement of the teaching, study, dissemination and wider appreciations of international law in Africa. A clear articulation of Africa's views on the various aspects of international law based on the present realities of the continent as well as on Africa's civilization, culture, philosophy and history will undoubtedly contribute to a better understanding among nations. The "African Yearbook of International Law" plays an important role in examining the tensions underlying the State in Africa, and by shedding more light on the causes of the fragility of African State institutions so as to facilitate the identification of appropriate remedies. The tension and interrelationships among issues such as territorial integrity, self determination, ethnic diversity and nation-building are constantly addressed. Development, human rights and democratization in Africa are also the subject of continuous attention and examination. The structure of the first two volumes - consisting of a special theme, individual articles, notes and comments, book reviews and basic documents - will be reflected to the extent possible in future volumes, but will also be constantly improved with the addition of new features and areas of study. The "African Yearbook of International Law" will attract more contributions in the futurefrom African international lawyers currently teaching or practising in Africa. Most of those who have toiled to make the first volume a reality are now working outside the continent. They are, however, all determined to see to it that this intellectual forum will serve first and foremost the teachers and practitioners of international law in Africa.

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