scholarly journals Decision Making in the Southern African Development Community

2015 ◽  
Vol 2 (2) ◽  
pp. 148 ◽  
Author(s):  
Sibusiso Moyo ◽  
Charity Manyeruke
2016 ◽  
Vol 17 (2) ◽  
pp. 119-136 ◽  
Author(s):  
Andréas Godsäter ◽  
Fredrik Söderbaum

This article expands our knowledge about the role of civil society in the formulation and implementation of social policy at the regional level, and it focuses on the issue of HIV/AIDS in the Southern African Development Community (SADC). The analysis critically examines the conventional view that the involvement of civil society organizations in regional social policy contributes to participatory processes and reduces the democratic deficit of regional intergovernmental organizations. There are three key questions. Firstly, to what extent and how do civil society actors participate in SADC policy making and decision making in the field of HIV/AIDS? Secondly, what functions do civil society actors perform in regional policy design and implementation? Thirdly, what patterns of inclusion and exclusion exist? The study is based upon in-depth fieldwork and numerous semi-structured interviews with a range of policy makers, donors and civil society representatives. From these, it is concluded that SADC member states, and to some extent also the SADC Secretariat, limit and even undermine civil society involvement in decision making and policy formulation. By implication, civil society’s main role lies in service delivery and legitimating state-steered regional social policy at the expense of deeper, more genuinely participatory processes.


Author(s):  
E. Tendayi Achiume

This chapter uses the trajectory of the Southern African Development Community (“SADC”) Tribunal to chart sociopolitical constraints on international judicial lawmaking. It studies the SADC Tribunal backlash case, which paved the way for a curtailment of the Tribunal’s authority, stripping the Tribunal of both private access and its jurisdiction over human rights. Showing how jurisprudential engagement with sociopolitical context plays a significant role in explaining the Tribunal's loss of authority, the chapter introduces the concept of sociopolitical dissonance. Sociopolitical dissonance is a state that results when a legal decision contradicts or undermines deeply held norms that a given society or community forms on the basis of its social, political, and economic history. Sociopolitical resonance, on the other hand, describes the quality of affirming or according with a given society's norms as informed by its sociopolitical history.


2017 ◽  
Vol 10 (2-3) ◽  
pp. 180-204
Author(s):  
Lawrence Ngobeni ◽  
Babatunde Fagbayibo

Abstract In 2016, the Southern African Development Community (SADC) amended Annex 1 of the SADC Protocol on Finance and Investment (FIP) in order to remove investor access to international arbitration or Investor-State Dispute Resolution (ISDS). The recent formation of the African Continental Free Trade Area (AfCFTA) and the COMESA-EAC-SADC Tripartite Free Trade Agreement (T-FTA) are factors that will likely curtail SADC’s ability to regulate foreign investments. Both AfCFTA and T-FTA are supposed to have their own investment protocols. This means that SADC faces the loss of regulatory authority over foreign investments. The recent formation of the Pan African Investment Code (PAIC) has shown that some African Union (AU) Member States want to provide ISDS for their investors, while others including SADC Members States do not. This article intends to evaluate the lessons SADC can learn from other jurisdictions in terms of the effective regulation of ISDS.


2021 ◽  
Vol 3 ◽  
pp. 100029
Author(s):  
Joana Carlos Bezerra ◽  
Tony Robert Walker ◽  
C Andrea Clayton ◽  
Issahaku Adam

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