Legal reception and regional economic integration in Southern Africa

Legal reception and regional economic integration in Southern Africa

Author: Diana Eunice Kawenda

Publisher: Anchor Academic Publishing

Published: 2017-06-19

Total Pages: 111

ISBN-13: 3960676581

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The dire African economic situation has been a perennial problem for the past six decades. Many problems emanate from slow economic growth, such as poverty and unemployment. There is a need for a collective effort to ensure economic growth, which would be the most viable solution to these problems, and the key to such a collective effort is regional economic integration (REI). This study examines REI within the legal context. It tests the proposition that the law can be used as a means to achieving REI. At the heart of this proposition lies the legal challenge that comes with the different approaches to legal reception and how they impede the realisation of REI. An analysis is performed of the theories related to legal reception, which include the monist, the dualist and the hybrid theories. REI was embraced in Europe and has yielded fruitful results. There is no doubt that the collective efforts to realise economic growth in other continents stem from the inspiration of the European example. Europe is used in this study to illustrate how the obstacles that accompany the different approaches to legal reception may be superseded. The study examines how the law was used in Europe as a means to attain REI. An attempt is then made to understand REI from an African perspective by setting out the legal framework and its shortcomings. Attention is paid to Africa’s sub-region of Southern Africa, and the study examines legal reception within Southern Africa and how the different approaches to legal reception within the two RECs, the SADC and COMESA, impact upon the realisation of REI. It seeks to evaluate the possibility that the African continent, particularly Southern Africa, may be able to use the law to attain REI. A further analysis is made by examining South Africa's approach to legal reception and how this impacts on the realisation of REI.


Book Synopsis Legal reception and regional economic integration in Southern Africa by : Diana Eunice Kawenda

Download or read book Legal reception and regional economic integration in Southern Africa written by Diana Eunice Kawenda and published by Anchor Academic Publishing. This book was released on 2017-06-19 with total page 111 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dire African economic situation has been a perennial problem for the past six decades. Many problems emanate from slow economic growth, such as poverty and unemployment. There is a need for a collective effort to ensure economic growth, which would be the most viable solution to these problems, and the key to such a collective effort is regional economic integration (REI). This study examines REI within the legal context. It tests the proposition that the law can be used as a means to achieving REI. At the heart of this proposition lies the legal challenge that comes with the different approaches to legal reception and how they impede the realisation of REI. An analysis is performed of the theories related to legal reception, which include the monist, the dualist and the hybrid theories. REI was embraced in Europe and has yielded fruitful results. There is no doubt that the collective efforts to realise economic growth in other continents stem from the inspiration of the European example. Europe is used in this study to illustrate how the obstacles that accompany the different approaches to legal reception may be superseded. The study examines how the law was used in Europe as a means to attain REI. An attempt is then made to understand REI from an African perspective by setting out the legal framework and its shortcomings. Attention is paid to Africa’s sub-region of Southern Africa, and the study examines legal reception within Southern Africa and how the different approaches to legal reception within the two RECs, the SADC and COMESA, impact upon the realisation of REI. It seeks to evaluate the possibility that the African continent, particularly Southern Africa, may be able to use the law to attain REI. A further analysis is made by examining South Africa's approach to legal reception and how this impacts on the realisation of REI.

Legal Reception and Regional Economic Integration in Southern Africa

Legal Reception and Regional Economic Integration in Southern Africa

Author: Diana Eunice Kawenda

Publisher: Anchor Academic Publishing

Published: 2017-08

Total Pages: 117

ISBN-13: 396067158X

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The dire African economic situation has been a perennial problem for the past six decades. Many problems emanate from slow economic growth, such as poverty and unemployment. There is a need for a collective effort to ensure economic growth, which would be the most viable solution to these problems, and the key to such a collective effort is regional economic integration (REI). This study examines REI within the legal context. It tests the proposition that the law can be used as a means to achieving REI. At the heart of this proposition lies the legal challenge that comes with the different approaches to legal reception and how they impede the realisation of REI. An analysis is performed of the theories related to legal reception, which include the monist, the dualist and the hybrid theories. REI was embraced in Europe and has yielded fruitful results. There is no doubt that the collective efforts to realise economic growth in other continents stem from the inspiration of the European example. Europe is used in this study to illustrate how the obstacles that accompany the different approaches to legal reception may be superseded. The study examines how the law was used in Europe as a means to attain REI. An attempt is then made to understand REI from an African perspective by setting out the legal framework and its shortcomings. Attention is paid to Africa’s sub-region of Southern Africa, and the study examines legal reception within Southern Africa and how the different approaches to legal reception within the two RECs, the SADC and COMESA, impact upon the realisation of REI. It seeks to evaluate the possibility that the African continent, particularly Southern Africa, may be able to use the law to attain REI. A further analysis is made by examining South Africa's approach to legal reception and how this impacts on the realisation of REI.


Book Synopsis Legal Reception and Regional Economic Integration in Southern Africa by : Diana Eunice Kawenda

Download or read book Legal Reception and Regional Economic Integration in Southern Africa written by Diana Eunice Kawenda and published by Anchor Academic Publishing. This book was released on 2017-08 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dire African economic situation has been a perennial problem for the past six decades. Many problems emanate from slow economic growth, such as poverty and unemployment. There is a need for a collective effort to ensure economic growth, which would be the most viable solution to these problems, and the key to such a collective effort is regional economic integration (REI). This study examines REI within the legal context. It tests the proposition that the law can be used as a means to achieving REI. At the heart of this proposition lies the legal challenge that comes with the different approaches to legal reception and how they impede the realisation of REI. An analysis is performed of the theories related to legal reception, which include the monist, the dualist and the hybrid theories. REI was embraced in Europe and has yielded fruitful results. There is no doubt that the collective efforts to realise economic growth in other continents stem from the inspiration of the European example. Europe is used in this study to illustrate how the obstacles that accompany the different approaches to legal reception may be superseded. The study examines how the law was used in Europe as a means to attain REI. An attempt is then made to understand REI from an African perspective by setting out the legal framework and its shortcomings. Attention is paid to Africa’s sub-region of Southern Africa, and the study examines legal reception within Southern Africa and how the different approaches to legal reception within the two RECs, the SADC and COMESA, impact upon the realisation of REI. It seeks to evaluate the possibility that the African continent, particularly Southern Africa, may be able to use the law to attain REI. A further analysis is made by examining South Africa's approach to legal reception and how this impacts on the realisation of REI.

The Southern African Development Community and Law

The Southern African Development Community and Law

Author: Mkhululi Nyathi

Publisher: Springer

Published: 2018-05-15

Total Pages: 233

ISBN-13: 3319765116

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This book analyses whether the design of the institutions of Southern African Development Community (SADC) reflects the community’s treaty objectives and principles of democracy and the rule of law. The author provides a detailed analysis of the policy making and oversight institutions of SADC. Additionally, the project looks at institutional and legal frameworks of similar organisations (the East African Community, the Economic Community of West African States and the European Union) for comparative purposes. This work is written largely from a legal perspective, specifically international institutional law; however, it carries cross-disciplinary themes, including governance, and especially the subject of public policy making at the international level.


Book Synopsis The Southern African Development Community and Law by : Mkhululi Nyathi

Download or read book The Southern African Development Community and Law written by Mkhululi Nyathi and published by Springer. This book was released on 2018-05-15 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses whether the design of the institutions of Southern African Development Community (SADC) reflects the community’s treaty objectives and principles of democracy and the rule of law. The author provides a detailed analysis of the policy making and oversight institutions of SADC. Additionally, the project looks at institutional and legal frameworks of similar organisations (the East African Community, the Economic Community of West African States and the European Union) for comparative purposes. This work is written largely from a legal perspective, specifically international institutional law; however, it carries cross-disciplinary themes, including governance, and especially the subject of public policy making at the international level.

Legal Aspects of Economic Integration in Africa

Legal Aspects of Economic Integration in Africa

Author: Richard Frimpong Oppong

Publisher: Cambridge University Press

Published: 2011-07-07

Total Pages: 403

ISBN-13: 1139497588

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Richard Frimpong Oppong challenges the view that effective economic integration in Africa is hindered by purely socio-economic, political and infrastructural problems. Inspired by the comparative experiences of other regional economic communities and imbued with insights from constitutional, public and private international law, he argues that even if the socio-economic, political and infrastructural challenges were to disappear, the state of existing laws would hinder any progress. Using a relational framework as the fulcrum of analyses, he demonstrates that in Africa's economic integration processes, community-state, inter-state and inter-community legal relations have neither been carefully thought through nor situated on a solid legal framework, and that attempts made to provide legal framework have been incomplete and, sometimes, grounded on questionable assumptions. To overcome these problems and aid the economic integration agenda that is essential for Africa's long-term economic growth and development, the author proposes radical reforms to community and national laws.


Book Synopsis Legal Aspects of Economic Integration in Africa by : Richard Frimpong Oppong

Download or read book Legal Aspects of Economic Integration in Africa written by Richard Frimpong Oppong and published by Cambridge University Press. This book was released on 2011-07-07 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Richard Frimpong Oppong challenges the view that effective economic integration in Africa is hindered by purely socio-economic, political and infrastructural problems. Inspired by the comparative experiences of other regional economic communities and imbued with insights from constitutional, public and private international law, he argues that even if the socio-economic, political and infrastructural challenges were to disappear, the state of existing laws would hinder any progress. Using a relational framework as the fulcrum of analyses, he demonstrates that in Africa's economic integration processes, community-state, inter-state and inter-community legal relations have neither been carefully thought through nor situated on a solid legal framework, and that attempts made to provide legal framework have been incomplete and, sometimes, grounded on questionable assumptions. To overcome these problems and aid the economic integration agenda that is essential for Africa's long-term economic growth and development, the author proposes radical reforms to community and national laws.

Regional Developmentalism through Law

Regional Developmentalism through Law

Author: Jonathan Bashi Rudahindwa

Publisher: Routledge

Published: 2018-05-20

Total Pages: 244

ISBN-13: 1351670336

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Offering a study of regionalism in Africa and investigating the ways in which law can be used to address the issues raised by regional processes on the continent, this book examines the African Economic Community, considering that it has been entrusted to coordinate and to harmonize policies between various Regional Economic Communities (RECs) across the continent, thereby influencing the continent’s approach towards regional integration. It seeks to identify how law can be used to strengthen the African RECs while ensuring that they achieve their goal of promoting regional development across the continent. Drawing upon economic and political theories, and using a critical doctrinal analysis of legal texts and norms, the book uncovers the legal and economic underpinnings of the model of regional integration followed by the regional schemes operating under the banner of the AEC, aiming to contribute to the search for effective methods to ensure the success of these various initiatives. Proposing the concept of "Regional Developmentalism Through Law" as the most suitable conceptual framework to support the effective establishment of an African Economic Community, this book will be of interest to researchers, academics and policy makers interested in the correlation between law, regional integration and development in Africa.


Book Synopsis Regional Developmentalism through Law by : Jonathan Bashi Rudahindwa

Download or read book Regional Developmentalism through Law written by Jonathan Bashi Rudahindwa and published by Routledge. This book was released on 2018-05-20 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a study of regionalism in Africa and investigating the ways in which law can be used to address the issues raised by regional processes on the continent, this book examines the African Economic Community, considering that it has been entrusted to coordinate and to harmonize policies between various Regional Economic Communities (RECs) across the continent, thereby influencing the continent’s approach towards regional integration. It seeks to identify how law can be used to strengthen the African RECs while ensuring that they achieve their goal of promoting regional development across the continent. Drawing upon economic and political theories, and using a critical doctrinal analysis of legal texts and norms, the book uncovers the legal and economic underpinnings of the model of regional integration followed by the regional schemes operating under the banner of the AEC, aiming to contribute to the search for effective methods to ensure the success of these various initiatives. Proposing the concept of "Regional Developmentalism Through Law" as the most suitable conceptual framework to support the effective establishment of an African Economic Community, this book will be of interest to researchers, academics and policy makers interested in the correlation between law, regional integration and development in Africa.

Monitoring Regional Integration in Southern Africa

Monitoring Regional Integration in Southern Africa

Author:

Publisher:

Published: 2007

Total Pages: 312

ISBN-13: 9780958468091

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Compilation of articles on regional economic development and integration.


Book Synopsis Monitoring Regional Integration in Southern Africa by :

Download or read book Monitoring Regional Integration in Southern Africa written by and published by . This book was released on 2007 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compilation of articles on regional economic development and integration.

Southern Africa After Apartheid

Southern Africa After Apartheid

Author: Bertil Odén

Publisher: Nordic Africa Institute

Published: 1993

Total Pages: 284

ISBN-13: 9789171063328

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Book Synopsis Southern Africa After Apartheid by : Bertil Odén

Download or read book Southern Africa After Apartheid written by Bertil Odén and published by Nordic Africa Institute. This book was released on 1993 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Political Economy of Regionalism in Southern Africa

The Political Economy of Regionalism in Southern Africa

Author: Margaret Carol Lee

Publisher: Juta and Company Ltd

Published: 2003

Total Pages: 332

ISBN-13: 9781588262240

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In the face of increasing economic globalization, the countries of southern Africa have made commitments to enhanced regional development and the integration of their economies. Margaret Lee examines the challenges to regionalism in southern Africa, providing a critical assessment of the prospects for successful implementation. Lee's detailed study of the processes driving (or inhibiting) regional integration is firmly grounded in the history of the Southern African Development Community (SADC). Her analysis of the evolution of the SADC regional economy, as well as its political, social, and economic contexts, is a major contribution to debates about the merits and pitfalls of regionalism and options for African integration.


Book Synopsis The Political Economy of Regionalism in Southern Africa by : Margaret Carol Lee

Download or read book The Political Economy of Regionalism in Southern Africa written by Margaret Carol Lee and published by Juta and Company Ltd. This book was released on 2003 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the face of increasing economic globalization, the countries of southern Africa have made commitments to enhanced regional development and the integration of their economies. Margaret Lee examines the challenges to regionalism in southern Africa, providing a critical assessment of the prospects for successful implementation. Lee's detailed study of the processes driving (or inhibiting) regional integration is firmly grounded in the history of the Southern African Development Community (SADC). Her analysis of the evolution of the SADC regional economy, as well as its political, social, and economic contexts, is a major contribution to debates about the merits and pitfalls of regionalism and options for African integration.

Trade, Migration and Law

Trade, Migration and Law

Author: Victor T. Amadi

Publisher: Routledge

Published: 2022-03-24

Total Pages: 176

ISBN-13: 1000563715

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This book explores how law and policy makers within the Southern African Development Community regional structure might reform the legal and regulatory frameworks to best capitalise the benefits of the movement of people, drawing lessons from other experienced jurisdictions by critically engaging with the regulatory efforts and approaches in regions such as the European Union, the Economic Community of West African States, and the East African Community to propose a revised approach to migration governance and practice in the SADC. Deeper regional integration allows citizens to move freely across national boundaries, and services are a rising component of global trade and investment. However, global trade in services is stifled by barriers at and behind the border. These barriers make it difficult for service providers from developing regions to access key markets in their preferred modes of service trade. Against this background, this book aims to take the discussion on furthering regional integration and trade through the movement of people by tackling issues on stringent immigration policies, arguing that having a vibrant and rewarding trade in services will require an approach towards the unrestricted movement of persons.


Book Synopsis Trade, Migration and Law by : Victor T. Amadi

Download or read book Trade, Migration and Law written by Victor T. Amadi and published by Routledge. This book was released on 2022-03-24 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how law and policy makers within the Southern African Development Community regional structure might reform the legal and regulatory frameworks to best capitalise the benefits of the movement of people, drawing lessons from other experienced jurisdictions by critically engaging with the regulatory efforts and approaches in regions such as the European Union, the Economic Community of West African States, and the East African Community to propose a revised approach to migration governance and practice in the SADC. Deeper regional integration allows citizens to move freely across national boundaries, and services are a rising component of global trade and investment. However, global trade in services is stifled by barriers at and behind the border. These barriers make it difficult for service providers from developing regions to access key markets in their preferred modes of service trade. Against this background, this book aims to take the discussion on furthering regional integration and trade through the movement of people by tackling issues on stringent immigration policies, arguing that having a vibrant and rewarding trade in services will require an approach towards the unrestricted movement of persons.

The Southern African Development Community

The Southern African Development Community

Author: Gabriël H. Oosthuizen

Publisher:

Published: 2006

Total Pages: 408

ISBN-13:

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This book, published in July 2006, significantly complements the burgeoning literature on regional integration in Africa. It is the most up-to-date guide to SADC's history and institutions, its policies and programmes, legal underpinnings and position in unfolding continental and global affairs. It offers a frank analysis of SADC's shortcomings, achievements and prospects and reviews its extensive restructuring.


Book Synopsis The Southern African Development Community by : Gabriël H. Oosthuizen

Download or read book The Southern African Development Community written by Gabriël H. Oosthuizen and published by . This book was released on 2006 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, published in July 2006, significantly complements the burgeoning literature on regional integration in Africa. It is the most up-to-date guide to SADC's history and institutions, its policies and programmes, legal underpinnings and position in unfolding continental and global affairs. It offers a frank analysis of SADC's shortcomings, achievements and prospects and reviews its extensive restructuring.