The Legal Status of the East African Community (EAC) in the Context of Dispute Resolution
Keywords:
East African Community (EAC), Regional economic communities, integration, dispute resolutionAbstract
Although it has taken place over more than ten years, the East African Community’s (hereinafter the EAC) “transformation” history is similar to those of other international regional organizations. For instance, before becoming the EU1, the European Economic Community (hereafter the EEC) also underwent significant “transformation.” More specifically, the essay considers the early stages of the EAC’s development, its early difficulties, and potential solutions to help it achieve its current status.
The article also discusses the roles and responsibilities of the East African Community’s institutions and organs while touching on significant papers that have been confirmed and adopted by partner states. In order to distinguish the EAC from other regional economic organizations on the continent, the essay will also examine how successful the EAC has been in upholding the values of democracy, the rule of law, and social justice.
This article’s conclusion will demonstrate that the EAC’s history of existence and its reestablishment in 2000 provide justification for embracing its legal status, particularly in light of one of their objectives to establish a federation among other principles listed in the treaty that are in line with the fundamental rules of International law.
This study in its conclusion also looks into the need for a dispute resolution system, which is actually one of the main causes for why countries establish regional and international economic organizations. The establishment of such a dispute-resolution system reduces tension between nations and also encourages them to refrain from employing force to resolve any economic disagreements.
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References
1) Abashidze A, Koneva A, Soltsev A. (2016). Africa in the Shadow of Tomorrow //
Kazan Journal of International Law and International Relations. 2016, pp. 35–38.
2) Akiwumi, A. M. (1972) “The Development of the Legislative Process in East African
Integration”, 7 (3) Africa Spectrum 30 -47.
3) Akiwumi, A.M. (1972) “The East African Community” 6 (2) The Journal of World
Trade Law, 203.
4) Asouzu, A. A. (1994) “Considering Arbitration as an Incident of Trade and Investment
in a African Setting” in a paper presented to the Sixth Annual Conference of the Africa
Society of International and Comparative Law, 5-8 Sep in Kampala, Uganda.
5) Asouzu, A. A. (1996) “Arbitration as a factor of Integration within the African
Economic Community” in a paper presented to the 8 th Annual Conference, 2-4 Sept,
1996, Cairo, Egypt.
6) Barnett, H. (2004) Constitutional & Administrative Law, 5 th Edition, Cavendish
Publishing Limited, London.
7) Belke, A. (2011) “The Euro Area Crisis Management Framework: Consequences for
Convergence” 26 (4) Institutional Journal of Economic Integration, 672-704.
8) Brown, L. N. and Jacobs, F. G. (2000) “ The Court of Justice of the European
Communities,” 5th Edition, Sweet and Maxwell, London.
9) Cain, M. And Kulscar, K. (1981-1982) “Thinking Disputes; An Essay on the Origins
of the Dispute Industry” 16 (3) Law & Society Review, 375 -402.
10)Carter, B.E., Caron D. D., Roessler, F. and Millhauser, M. S. (1991) “Comparative
Analysis of International Dispute Resolution Institutions” 85 American Society of
International Law, pp. 64- 82.
11) Ebenroth, C. T. and Maina C. P. (1996) “Protection of Investment in Tanzania: Some
New Issues from Zanzibar” 8 African Journal of International and Comparative Law,
4.
12) Ellis, E. and Tridimas, T. (1995) Public Law of the European Community: Text,
Materials and Commentary, London, Sweet and Maxwell.
13) Gathii James Thuo (2011). African Regional Trade Agreements as Legal Regimes //
Cambridge University press 2011, pp. 188–190.
14) Ghai, D. P. (1964) “Territorial Distribution of the benefits and Costs of the East African
Common Market”, 11 (1) The East African Economics Review, 29 -40.
15) Guzman, A. T. (2008) “International Tribunals: A Rational Choice Analysis” 157 (1)
The University of Pennsylvania Law Review, pp. 171-235.
16) Haas, E. B. (1961) “International Integration: The European and Universal Process” 15
(3) International Organisation (366-392).
17) Helfer Laurence R. (2015) Sub-regional Courts in Africa: Litigating the Hybrid Right
to Freedom of Movement // iCourts Working Paper Series, No. 32, 2015.
18)Johnson O. E.G. (1991). Economic Integration in Africa: Enhancing prospects for
success // The Journal of Modern African Studies N. 29,1 (1991), pp. 1–26.
19)Jones, A. and Budd, S. (1994) The European Community; A Guide Through the Maze,
Kogan Page, London.
20) Keohane, R. O., Moravesik, A. and Slaughter, A.M. (2000) “Legalized Dispute
Resolution: Interstate and Transnational”, 54 (3) The MIT Press, pp. 457-488.
21) Kiplagat, P. K. (1995) “Jurisdictional Uncertainties and Integration Processes in Africa:
The Need for Harmony” Tulane Journal of International and Comparative Law, 43.
22) Lauterpacht, H. (1933) The Functions of Law in the International Community, Oxford
University Press, London.
23) Lenaerts, K. (1990 -1997) “The Development of the Judicial process in the European
Community after the Establishment of the Court of the First Instance” 1 (2) Collected
Courses of the Academy of European Law.
24) Leys, C. and Robinson, P. (Eds) (1965) Federation in East Africa; Opportunities and
Problems, Oxford University Press, Nairobi.
25) Lubega- Kyazze, J. (2003) “Legal Implications of The East African Community
Treaty”, 1 The Uganda Living Law Journal, 43.
26) Maxon, R. M. (2009) East Africa: An Introductory History, East Africa Educational
Publishers, Nairobi.
27) Merrills, J.G. (1991) International Dispute Settlement, 2nd Edition, Cambridge and
United Nations, Handbook on the Peaceful Settlement of Disputes Between States,
New York.
28) Muko Ochanda R., Kisolo Wakinya P., Omondi Odipo W. (2013). Human Rights in
the Context of Deepening Integration of East African Community (EAC) // Postmodern
Openings, Volume 4, Issue 2, June 2013, pp. 47–73.
29) Njenga. L. N. (2015b) Activities of the Court of the East African Community, Eurasian
Law Journal, №12 (91), pp. 55–57.
30) Odek, J. O. (2004) “Re-appraising the Framework for Regional Economic Integration
in Africa”, 1 The East African Law Journal 47-68.
31) Odek, J. O. (Ed.) (2002) “The East African Community Treaty: Its Impact on Kenya,”
Reporting International Treaties, 1.
32) Omas, P. K. (1961) “The Report of the East African Economic and Fiscal
Commission”, 8 The East African Economic Review.
33) Onwuka R. I. et al (Eds.) (1985) The Future of Regionalism in Africa, Macmillan
Publishers (London).
34) Oyugi, W. (Ed) (1994) Politics and Administration in East Africa, East African
Education Publishers, Nairobi.
35) Possi. A 2013 The East African Court of Justice: Towards Effective Protection of.
Human Rights in the East African Community // Max Planck Year book of United
Nations Law, volume 17,2013, pp. 173–195.
36)Renteln, A. D. (1988) “The Concept of Human Right” 83 Anthropos, 343 – 364.
37) Sebalu, P.1972 The East African Community. Journal of African Law. 1972 Vol. 16,
No. 3, pp. 345–363.
38) Stefan Reith, Ritz Boltz. 2011.The East African Community: Regional and Integration
between aspiration and reality // KAS International reports 9.10.2011.
39) Stewart, I. G. (1962) “Customs Union in East and Central Africa”9 Scottish Journal of
Political Economy.
40) Whitaker. P 1964. Political Theory and East African Problems // London Oxford
University Press, 1964, p. 84.
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