Guide Legal Aspects of Economic Integration in Africa

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Contents:
  1. Regional integration: How to measure the commitment of African States?
  2. Legal Aspects of Economic Integration in Africa. By Richard Frimpong Oppong
  3. Economic integration - Wikipedia
  4. Admissions requirements
  5. You are here

WAEMU stands out for the stability of its single currency, its advanced tax coordination, and the quality of its monitoring of the monetary, financial and trade integration process. To address this challenge, while the threat of sanctions remains an ineffective instrument with little credibility in WAEMU, the commitment of member States to orientations and decisions taken collectively is a key mode of action to move forward with integration in the Union.

This requires a rigorous application of community acts and policies. In addition, for States to become aware of the need to get more involved in this integration process, it is necessary to be able to measure this commitment and show them that they will benefit from the latter. It allows the implementation of community texts by member States to be monitored through a binary evaluation of the transposition and application of these texts.

Indeed, the monitoring of integration only based on results indicators is distorted by concomitant factors outside regional policies, such as volatility in primary commodity prices, interest rates, sociopolitical instability or terrorism. These elements of analysis, which are complex and difficult to interpret at first reading, can be used to develop a synthetic index of the commitment of WAEMU States. The commitment index developed aims to measure the level of commitment of States to the application of community texts, which are limited to the commercial dimension of regional integration here.

The calculation of the index involves processing and aggregating the information contained in the AR, which combines i a body of community texts requiring a commitment by States, with ii binary indicators on the application and transposition of texts. The texts related to trade integration subject to evaluations in the AR are initially selected and grouped into thematic areas of trade integration to obtain the architecture below see Figure 1. The texts are subsequently classified so that a weighting based on the chronology of the text and its legal nature can be assigned to them.

These weightings from community texts are applied to the corresponding AR indicators.

Regional integration: How to measure the commitment of African States?

Finally, average weighted indicators are calculated for each thematic area, then at the aggregated level see Figure 1. Structure of the trade integration index and thematic areas. Figure 2. Commitment to trade integration index. Demonstrating the positive impacts of integration to member States, but also highlighting the bottlenecks at national level or identifying any problems of consistency between community policies and the national context, are prerequisites for encouraging them to get more involved.

The AEC Treaty provided that an African Economic Community would be set up through a gradual process, which would be achieved by coordination, harmonisation and progressive integration of the activities of existing and future Regional Economic Communities RECs in Africa. This was done in order to speed up the process of economic and political integration in the continent and in order to achieve the economic development goals of the OAU.

Progress at the REC level: legal stumbling blocks. Most of the sub-regional economic integration arrangements mentioned above have the aim to establish a customs union and a common market through the abolition of obstacles to the free movement of goods, persons, services and capital.

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The achievement of these goals has, in most cases, been very slow for political reasons; however, legal factors have also contributed significantly to the near collapse of these goals. Whilst most of the prominent RECs have been inspired by the EU legal framework and have adopted different variations of it, these RECs have not achieved the same degree of success as the EU in achieving basic economic integration goals such as a customs union and a common market. The EAC attempts to articulate the status of EAC legal instruments but fails to define the legal instruments to which it accords a status.

In the case of COMESA, despite the detailed provisions on the status of Treaty and secondary laws in Member States, there are still significant obstacles to the common market objectives.


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For instance, obstacles to the free movement of goods due to non-tariff barriers still hinder trade among Member States. As such, apart from the free movement of capital which has seen significant progress, the achievement of the other common market goals is still a challenge.

Legal Aspects of Economic Integration in Africa. By Richard Frimpong Oppong

It is no wonder that hardly any of these RECs have fully achieved any of their goals. What could have made matters better would have been for the REC treaties to stipulate the precise status of REC legal instruments — as was done in the case of the EC Treaty.

The reason for this is that African states generally do not have a reputation of complying with REC Treaties and legal instruments. The second legal challenge is weak regional enforcement mechanisms. This is so as the EC Treaty gives the ECJ responsibility for ensuring that in the interpretation and application of the Treaty the law is observed.

Economic integration - Wikipedia

USD Sign in to Purchase Instantly. Overview 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 analyzes, 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.

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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. His principal research areas are international economic law, economic integration and public and private international law.

He has published extensively in these areas. Table of Contents Introduction; 1. Africa's economic integration - an introductory overview; 2. Legal framework for managing relational issues; 3. Community-state relations in Africa's economic integration; 5. Relational issues before the community courts; 6.

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Implementing community law in African states; 8. Inter-institutional relations: public-private international law dimensions; 9.


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    Central Africa : economic integration [Business segment]