The limits of international adjudication: authority and resistance of regional economic courts in times of crisis

2018 ◽  
Vol 14 (2) ◽  
pp. 275-293 ◽  
Author(s):  
Salvatore Caserta ◽  
Pola Cebulak

AbstractThe paper compares the involvement of four regional economic courts in legal disputes mirroring constitutional, political and social crises at national or regional levels. These four judicial bodies of the EU, the Andean Community, the East African Community and the Central American Integration System have all faced varied forms of resistance to their involvement and their general authority. By comparing these four case-studies from across the globe, the paper identifies institutional and contextual factors that explain the uneven resistance. While the regional economic courts in Central America and East Africa were subject to backlash from the Member States, their counterparts in Europe and Latin America avoided backlash but at the price of achieving only a narrow authority.

Subject Outlook for Kenya's external relations. Significance Last week, Uganda overrode its oil pipeline agreement with Kenya by agreeing a rival deal with Tanzania in a major setback for Kenya's ambitions to lead economic integration in the East African Community (EAC), while boosting its own oil export plans. It comes amid several other external challenges, notably the deputy president's case at the International Criminal Court (ICC) and overspill from the Somali conflict. Impacts Deals signed during the president's visit to Israel will likely result in skills and technology transfer to improve Kenya's water security. Recent US airstrikes against an al-Shabaab training site in Somalia will boost the AMISOM mission. However, the EU decision to cut AMISOM funding by 20% will pose longer-term difficulties unless regional states find substitute funding.


Subject Outlook for Kenyan-Tanzanian relations. Significance The Kenyan and Tanzanian governments in early September continued disagreements over a trade agreement with the EU. The deteriorating relationship comes at a time when the stability of the East African Community (EAC) is already strained by other crises. Impacts Attempts to forge bilateral agreements within the bloc or with non-EAC states could cast doubt on the EAC's future. Uncertainty over the long-term future of the EAC will worry investors and could reduce investment. Tensions lower the probability of instating a common currency in East Africa by 2024. Domestic political pressures could push Kenyan and Tanzanian leaders to demonise each other as a distraction.


Subject Burundian peace efforts. Significance On May 25, efforts to renew the Inter-Burundian Dialogue (IBD) ended in failure after chairperson Benjamin Mkapa, former president of Tanzania, refused to allow several high-profile Burundian civil society leaders to take part. The decision is the latest reason why opposition groups believe Mkapa should be removed from his position. Meanwhile, current Tanzanian President John Magufuli has argued that members of the East African Community (EAC) should refuse to back the Economic Partnership Agreement (EPA) with the EU until sanctions against Burundi are scrapped. Impacts President Pierre Nkurunziza may further purge the security services of ‘disloyal’ officers. Armed opposition groups based in the DRC will pose an increasing security threat. The ongoing crisis will hinder Bujumbura’s ability to respond to food and fuel shortages. The ruling party’s youth wing, the Imbonerakure, may intensify both violent actions and rhetoric.


2020 ◽  
Vol 15 (2) ◽  
pp. 45-51
Author(s):  
D. V. Kuzmin ◽  
D. V. Kuzmin

Regional economic integration in East Africa, as in sub-Saharan Africa as a whole, remains an urgent task for States. It also arouses the interest of researchers for its features. The basis of regional economic integration in the associations of Africa in the XXI century is a stable macroeconomic dynamics, since the author proceeds from the fact that in the conditions of economic recovery, integration processes in the region are intensified. At the same time, the author believes that the socioeconomic problems common to the countries of Africa or its individual regions can also serve as a basis for the activation of integration processes.


1970 ◽  
Vol 8 (1) ◽  
pp. 133-135
Author(s):  
A. M. Akiwumi

This seminar was intended for government servants, primarily from Eastern Africa, who wished to discuss some problems, concerning the establishment and functioning of institutions of regional economic co-operation, with which they were directly involved. The East African Community (E.A.C.) was a timely choice as the main subject for detailed study and discussion, having been established as recently as December 1967; it had for the first time introduced into existing co-operation the concept of a legally regulated common market as an integral part of the Community.


2018 ◽  
Vol 22 (3) ◽  
pp. 369-383
Author(s):  
Lily N Njenga

The history of the “metamorphosis” of the East African Community (hereafter the EAC), though for the period of over a decade, is not so different from other international regional organizations. For example, the European Economic Community (hereafter the EEC) also underwent some ‘transformation’ before eventually becoming the EU[49]. More particularly, the article reflects on the early stages of the formation of the EAC, its early challenges and how it may have overcome them to attain its present status. Further, the article reflects on the roles and functions of the East African Community organs and institutions and at the same time touch on the important documents as legal instruments that have been adopted and ratified by the partner states. Additionally, the article will reflect on how effective the EAC has been in its commitment to observe the principles of democracy, the rule of law and social justice so as to show that the EAC stands out from other regional economic organizations in the continent. In conclusion this article will show that the history of the existence of the EAC and its re-establishment in 2000, give grounds to embrace its legal status especially following one of their objectives to form a federation among other principles listed in the treaty, which are in line with the general principles of International law.


Subject Progress in towards an East African monetary union. Significance In November 2013, East African Community (EAC) partner states endorsed the East African Monetary Union (EAMU) Protocol, outlining plans for full monetary union by 2024. For the union to happen, at least three partner states must be willing to cede their monetary policy independence. Furthermore, EAC states have agreed to certain convergence criteria that they will need to meet. Impacts Closer economic and political integration will offer benefits to the EAC even without a monetary union. Domestic taxes will be insufficient to fund projects, forcing increased borrowing to the detriment of convergence criteria. Worsening political crises in South Sudan and Burundi may erode their regional standing and complicate diplomacy. Kenya and Tanzania’s current trade dispute with the EU foreshadows larger regional economic clashes ahead.


2012 ◽  
Vol 4 (2) ◽  
pp. 115-138 ◽  
Author(s):  
Ioannis N. Kessides

The East African Community has long recognised that regional economic integration can yield significant welfare gains to its member states. To that end, the community has been making steady progress towards the removal of tariffs and quantitative restrictions to trade. Moreover, in recent years, there has been an increasing recognition that (a) even greater welfare gains could be realised through deeper forms of regional integration which entail harmonisation of legal, regulatory and institutional frameworks; and (b) reforms that reduce cross-border transaction costs and improve the performance of ‘backbone’ infrastructure services are arguably even more important for the creation of an open, unified regional economic space than trade policy reforms narrowly defined. Disparities of regulatory treatment across borders can introduce distortions that hinder both cross-border trade and the aggregate flows of investment on a regional basis. Regulatory harmonisation and infrastructure regionalisation could make a significant contribution to the region’s economic development by promoting a more efficient utilisation of its human and physical resources, enhancing connectivity, reducing the costs of trade and facilitating the integration of the continent with the global economy.


Sign in / Sign up

Export Citation Format

Share Document