African Regional Trade Agreements as Legal Regimes by James Thuo Gathii

By James Thuo Gathii

African local exchange integration has grown exponentially within the final decade. This ebook is the 1st finished research of the criminal framework during which it's being pursued. it is going to fill a major wisdom hole and function a useful instructing and examine instrument for coverage makers within the private and non-private sectors, academics, researchers and scholars of African alternate and past. the writer argues that African local alternate Agreements (RTAs) are top understood as versatile felony regimes rather given their dedication to variable geometry and a number of memberships. He analyzes the development made towards alternate liberalization in each one sector, how the RTAs are financed, their alternate treatment and judicial regimes and the way good they degree as much as Article XXIV of GATT. The publication additionally covers financial unions in addition to intra-African local integration, and examines loose alternate Agreements with non-African areas together with the industrial Partnership Agreements with the eu Union.

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Dominguez, ‘International Cooperation in Latin America: The Design of Regional Institutions by Slow Accretion’, in A. Acharya and A. Johnson (eds), Crafting Cooperation: Regional Interdependence in Comparative Perspective (Cambridge University Press, 2007), 94–5. 7 Viewing African RTAs as flexible regimes has the advantage of allowing these RTAs to be understood on their own terms, rather than as treaty regimes on a path toward becoming much like their European or North American counterparts. In so doing, it becomes possible to better and more accurately understand the challenges that these RTAs have been designed to address and that have in turn shaped them.

However, as this book shows, African RTAs explicitly embrace WTO rules, particularly in the area of trade remedies. Indeed, as documented at length, trade integration through regional and bilateral agreements has gained a new momentum not simply to enhance intra-African trade, but rather to promote economic growth, especially because of the small size of individual African economies. In many regions there is an increasing commitment to the view that trade-enhancing rather than trade-protective integration is crucial to achieving long-term economic growth.

Andic and D. Dosser, A Theory of Economic Integration for Developing Countries, Illustrated by Caribbean Countries, vol. I (London: Allen & Unwin, 1971). 38 See infra nn. 59–79 (discussing functional specificity, RTAs as forums for integrated development of common resources, the equitable distribution of gains from trade and the principle of variable geometry). 39 See Economic Commission for Latin America, ‘The Latin American Common Market’, UN Pub. No. 4 (New York: UN, 1959). 40 F. Roessler, ‘Domestic Policy Objectives and the Multilateral Trade Order: Lessons from the Past’, University of Pennsylvania Journal of International Economic Law 19 (1998) 513, 516 (discussing the replacement of import substitution policies with trade liberalization via multilateral agreements).

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