African regional trade agreements as legal regimes / James Thuo Gathii.
2011
KQC947 .G38 2011 (Map It)
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Details
Author
Title
African regional trade agreements as legal regimes / James Thuo Gathii.
Published
Cambridge, UK ; New York : Cambridge University Press, 2011.
Call Number
KQC947 .G38 2011
ISBN
9780521769839 (hardback)
0521769833 (hardback)
0521769833 (hardback)
Description
xxxii, 491 pages ; 24 cm.
System Control No.
(OCoLC)711048000
Summary
"African regional trade integration has grown exponentially in the last decade. This book is the first comprehensive analysis of the legal framework within which it is being pursued. It will fill a huge knowledge gap and serve as an invaluable teaching and research tool for policy makers in the public and private sectors, teachers, researchers and students of African trade and beyond. The author argues that African Regional Trade Agreements (RTAs) are best understood as flexible legal regimes particularly given their commitment to variable geometry and multiple memberships. He analyzes the progress made toward trade liberalization in each region, how the RTAs are financed, their trade remedy and judicial regimes and how well they measure up to Article XXIV of GATT. The book also covers monetary unions as well as intra-African regional integration, and examines Free Trade Agreements with non-African regions including the Economic Partnership Agreements with the European Union"-- Provided by publisher.
"African regional trade integration has grown exponentially in the last decade. This book is the first comprehensive analysis of the legal framework within which it is being pursued. It will fill a huge knowledge gap and serve as an invaluable teaching and research tool for policy makers in the public and private sectors, teachers, researchers and students of African trade and beyond. The author argues that African Regional Trade Agreements are best understood as flexible legal regimes, particularly given their commitment to variable geometry and multiple memberships. He analyses the progress made toward trade liberalization in each region, how the Regional Trade Agreements are financed, their trade remedy and judicial regimes and how well they measure up to Article XXIV of GATT. The book also covers monetary unions as well as intra-African regional integration, and examines Free Trade Agreements with non-African regions, including the Economic Partnership Agreements with the European Union"-- Provided by publisher.
"African regional trade integration has grown exponentially in the last decade. This book is the first comprehensive analysis of the legal framework within which it is being pursued. It will fill a huge knowledge gap and serve as an invaluable teaching and research tool for policy makers in the public and private sectors, teachers, researchers and students of African trade and beyond. The author argues that African Regional Trade Agreements are best understood as flexible legal regimes, particularly given their commitment to variable geometry and multiple memberships. He analyses the progress made toward trade liberalization in each region, how the Regional Trade Agreements are financed, their trade remedy and judicial regimes and how well they measure up to Article XXIV of GATT. The book also covers monetary unions as well as intra-African regional integration, and examines Free Trade Agreements with non-African regions, including the Economic Partnership Agreements with the European Union"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 424-470) and index.
Record Appears in
Gift
Purchased from the income of the African Law Center Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the African Law Center Fund
Table of Contents
List of figures
xv
List of tables
xvi
Acknowledgements
xvii
List of abbreviations
xix
Table of cases
xxv
Introduction
xxvii
I.
African Regional Trade Agreements as flexible legal regimes
1
A.
Introduction
1
B.
Flexibility as enmeshment in the Àfrican' context
8
1.
Adaptations of the Vinerian model
8
2.
Flexibility as enmeshment in the African context
15
3.
African RTAs as forums of integrated development and functionally specific projects
19
4.
Multiplicity of objectives: The merits and de-merits of nestling non-trade objectives in African RTAs
24
5.
African RTAs as bulwarks of self-reliance and economic independence
27
II.
Variable geometry: A defining aspect of African RTAs
34
A.
Introduction
34
B.
Reasons for the adoption of variable geometry
36
C.
Variable geometry as a solution of adjusting the costs and benefits of integration
41
D.
The East African Court of Justice's Variable Geometry Advisory Opinion
49
1.
The arguments of the partner states and the East African Law Society as amici
52
2.
The decision of the Court
56
E.
Conclusion
62
III.
Multiple memberships in African RTAs
65
A.
Introduction
65
B.
Why countries have multiple memberships in RTAs
67
1.
Multiple memberships reflect Africa's diversity
73
C.
Criticisms of multiple memberships
76
1.
Spaghetti bowl: Are RTAs building or stumbling blocks?
76
2.
High transaction and administrative costs
79
3.
Implications for African RTAs
82
D.
Conclusions
84
IV.
African RTAs in the context of Article XXIV of the GATT
86
A.
Introduction
86
B.
Article XXIV of the GATT: Requirements for the formation of RTAs
87
C.
Economic rationales of Article XXIV of the GATT
90
D.
The GATT and WTO as a constitution
93
E.
Problems encountered in the examination process
99
F.
The s̀ubstantially all the trade' issue in Article XXIV (8) of the GATT
99
G.
Interim agreements under Article XXIV (5)(c) of the GATT
106
H.
Òther regulations of commerce' and òther restrictive regulations of commerce' in Article XXIV of the GATT
109
I.
Rules of origin
112
J.
Additional issues in Article XXIV of the GATT
117
K.
The Enabling Clause
120
1.
Events leading to the adoption of the Enabling Clause
120
2.
The 1979 decision
123
3.
Discussion
125
L.
European Communities: Conditions for the granting of tariff preferences to developing countries
128
M.
EU-ACP Economic Partnership Agreement
132
N.
Compatibility with the WTO
133
1.
The Enabling Clause to justify EU-ACP preferences
134
2.
GATT Article XXTV to justify EU-ACP preferences
136
3.
Internal requirement of GATT Article XXIV (8)(b)
136
4.
Rules of origin
139
5.
Transition periods
140
6.
Developing countries and EPAs
141
V.
Trade liberalization commitments and realization time frames
143
A.
Introduction
143
B.
The Economic Community of West African States
144
1.
Overview
144
2.
Sequencing
145
3.
Common market
146
4.
Customs union
148
5.
ECOWAS Trade Liberalization Scheme
150
6.
Economic and monetary union
153
7.
Progress
154
C.
Intergovernmental Authority on Development (IGAD)
156
1.
Overview
156
2.
Sequencing
158
3.
The IGAD Treaty and strategy
159
4.
The importance of livestock to the IGAD Community
160
5.
Progress
163
D.
The Common Market for Eastern and Southern Africa
165
1.
Overview
165
2.
Sequencing
167
3.
Free trade area
167
4.
Customs union
169
5.
Monetary union
170
6.
Rules of origin
171
7.
Areas of cooperation
172
8.
Progress
174
E.
East African Community
181
1.
Overview
181
2.
Sequencing
182
3.
Customs union
182
4.
Common market
187
5.
Monetary union
195
6.
Political federation
195
7.
Progress
196
F.
Arab Maghreb Union
202
1.
Overview
202
2.
Organizational structure
204
3.
Economic achievements
205
G.
The Southern African Development Community
211
1.
Overview
211
2.
Sequencing
212
3.
The SADC Treaty
212
4.
Progress
217
H.
Southern African Customs Union
223
1.
Overview
223
2.
Trade Liberalization Scheme
224
3.
Progress
228
I.
Community of Sahel-Saharan States
232
1.
Overview
232
2.
Treaty establishing the Community
233
J.
Economic Community of Central African States
237
1.
Overview
237
2.
Treaty establishing the Community
238
VI.
Financing African RTAs
243
A.
Introduction
243
B.
Financing the AEC
245
1.
AEC's budgetary process
249
2.
Problems encountered in raising revenue
251
3.
Financing the AMU
254
4.
Financing CEN-SAD
254
5.
Financing COMESA
255
6.
Financing the EAC budget
257
7.
Financing ECCAS
258
8.
Financing ECOWAS
259
9.
Financing IGAD
260
10.
Financing SADC
261
C.
Conclusion
262
VII.
African RTA Judiciaries
264
A.
Introduction
264
B.
The COMESA Court of Justice
265
1.
Jurisdiction
266
C.
The East African Court of Justice
268
1.
The EACJ's jurisprudence
274
D.
The ECOWAS Community Court of Justice
279
E.
The SADC Tribunal
284
1.
The SADC Tribunal's jurisprudence
288
2.
South Africa-Zimbabwe Bilateral Investment Promotion and Protection Agreement and Fick
293
F.
Conclusions
297
VIII.
Trade remedy regimes
298
A.
Introduction
298
B.
COMESA's institutional mechanisms for overseeing and reviewing trade remedies
298
C.
Trade remedies provided for by COMESA
300
1.
Safeguards
302
2.
Anti-dumping actions
305
3.
Subsidies and countervailing measures
309
4.
COMESA safeguards for Kenyan sugar and wheat industries
312
D.
Trade remedies available under the Protocol on the Establishment of the East African Customs Union
313
1.
The EAC Committee on Trade Remedies
313
E.
Trade remedies available to EAC Customs Union partners
314
1.
Safeguards
315
2.
Anti-dumping measures
319
3.
Subsidies and countervailing measures
331
4.
Investigations of dumping, subsidies and application of safeguard measures
336
F.
Southern African Development Community (SADC) trade remedies
336
1.
Anti-dumping measures
337
2.
Subsidies and countervailing measures
337
3.
Safeguard measures
338
4.
Protection of infant industries
338
G.
Trade remedies under the Southern African Customs Union (SACU) Agreement
339
H.
Conclusion
340
IX.
Monetary unions in Africa
342
A.
Introduction
342
B.
The Economic and Monetary Community of Central Africa
342
1.
Legal framework establishing CEMAC
344
2.
The Bank of Central Africa
347
C.
The West African Economic and Monetary Union
350
1.
Objectives of the UEMOA
350
2.
Organizational structure of the UEMOA
350
3.
The BCEAO and the payment system
351
4.
Legal framework governing the payment system
352
D.
The West African Monetary Zone
352
1.
Organizational structure of the WAMZ
353
2.
The role of the WAMI
354
E.
The successes and challenges of the African monetary unions
355
1.
WAMZ and WAEMU success and challenges
357
2.
Challenges for the CFA franc zone
358
3.
Success of the 1994 devaluation
359
4.
The euro crisis and Africa
359
F.
Conclusions
360
X.
Intra-African regional trade integration
361
A.
Introduction
361
B.
The relationship between the African Economic Community and Regional Economic Communities
362
C.
Sources of support for intra-regional trade cooperation
364
1.
Africa Development Bank
364
2.
Foreign aid
365
D.
The importance of linkages between RECs in agriculture
366
1.
The AEC and NEPAD
368
2.
Agricultural programmes in East and Southern Africa
370
3.
Regional Agricultural Trade Expansion Support (RATES) Programme
371
4.
Competitiveness and Trade Expansion Programme
372
5.
Africa Agricultural Market Programme
372
6.
Alliance for Commodity Trade in Eastern and Southern Africa
373
E.
Agricultural programmes in West Africa
373
F.
Agricultural programmes in North Africa
374
G.
Challenges in agricultural integration and some solutions
374
H.
The importance of linkages between RECs in transport and communications
376
I.
Information and Communication Technology (ICT)
378
1.
ICT in North Africa
378
2.
ICT in West Africa
378
3.
ICT in East and Southern Africa
379
4.
Regional Information and Communication Technology Support Programme
380
J.
Air transport
382
1.
The need for air transport liberalization and the Yamoussoukro Decision
382
2.
Air transport policy in West Africa
382
3.
Air transport policy in East and Southern Africa
383
K.
Surface transport - road, rail, ports and maritime
384
1.
Road and rail transport
384
2.
Ports and maritime transport
386
L.
Other areas of regional integration
386
1.
COMESA-EAC-SADC Free Trade Area
386
2.
The East Africa Migration Route Programme
388
M.
Conclusions
389
XI.
African RTA relations with non-African RTAs
390
A.
Introduction
390
B.
Trade Agreements between African RTAs and Europe
391
1.
EU FTAg: The Cotonou Agreement and the dawn of Economic Partnership Agreements
391
(a).
EPA negotiations
392
(b).
How is development incorporated in the EPAs?
397
(c).
The interim ESA-EC EPA
398
(d).
Status of EPA negotiations
399
2.
European Free Trade Area (EFTA)-Southern African Customs Union (SACU) FTA
401
C.
Trade Agreements between African RTAs and the United States
403
1.
African Growth and Opportunities Act 2000
403
D.
Free Trade Agreements
406
1.
US-Morocco FTAg
406
2.
TRIPS v. US FTAgs - effect of stringent IPR standards
407
3.
IPR provisions: EPAs v. US FTAgs
410
E.
Trade and Investment Framework Agreements between the United States and African states
411
1.
US-SACU Trade, Investment and Development Cooperative Agreement
411
F.
Bilateral Investment Treaties between the United States and African states
413
G.
South-South trade - A survival strategy of trade between developing states?
414
1.
Indo-African trade
415
2.
India-Africa Forum Summit
416
3.
India-SACU Preferential Trade Agreement
417
4.
Sino-African trade
418
5.
Forum on China-Africa Cooperation
419
6.
China-SACU FTAg negotiations
419
7.
MERCOSUR-Africa trade
420
8.
Legal regimes on counterfeit goods
422
H.
Conclusions
423
Bibliography
424
Index
471