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The inception of the African Continental Free Trade Agreement (AfCFTA) constitutes a major advancement in Africa's economic integration process. Diverging from what appears to be the norm in contemporary trade treaties, the agreement adopts a conditional Most Favoured Nation (MFN) clause hinged on the principle of reciprocity. Without the promise to reciprocate preferential treatment, the beneficiary state does not assume the right to demand MFN treatment. In broader discussions, this feature has been criticized for possessing the tendency to restrict trade. However, examining it in the context of Africa's trade paradigm, this paper argues that the non-automaticity of the AfCFTA's MFN clause is a cardinal feature safeguarding its existence.
In this article, we argue that the speeches and policy documents from the later period of Hugo Chávez's presidency exemplify ‘transnational populism’, a form of populist discourse that defies the close association between populism and nationalism that frames the scholarly literatures on both populism and Chávez. We explain why Chávez's populism took this distinctive form by reference to the history of international political thought in Latin America and the political context surrounding the creation of the Alianza Bolivariana para los Pueblos de Nuestra América (Bolivarian Alliance for the Peoples of Our America, ALBA). We suggest that while transnational populism may actually amplify the threat that other scholars have argued populist leaders pose to democratic institutions, it also offers an important corrective to how scholars think about the relationship between populism, democracy and international politics, suggesting that international institutions capable of restraining powerful states are essential to stabilising democracies in the Global South.
The book concludes with situating the EAEU legal order within the indicia developed in Chapter 1 demonstrating whether and how these are fulfilled for the autonomous legal order to emerge. There are certainly some manifestations thereof, such as the Court’s move to recognize and incorporate the discourse of major doctrines relevant for legal order autonomy. Nevertheless, it has troubles demonstrating some of the indicia, and the power struggle between the Member States and EAEU institutions has resulted in limitations, particularly running the risk of misapplication of Union law and fragmentation of the legal system, as well as endangering the ability of the legal order for self-maintenance. While this leads to ‘fragile autonomy’, there are embedded premises, which can help in overcoming this, if such a desire prevails. The book spells out some concrete ways to do so.
Chapter 2 narrates the historical background, evolution, and context of Eurasian integration. The EAEU has been built upon previous integration entities, and the overview provides a better foundation for understanding EAEU’s legal nature and the institutional structure. It delimits the scope of Eurasian integration through an overview of various understandings of Eurasia and integration. It explains why the narrower conceptualization of Eurasian integration to delimitate as much as possible the boundaries of Eurasian integration by distinguishing stages and entities that led to EAEU-proper is preferred. It further establishes four relevant stages of Eurasian integration, which cover the period from the fall of the Soviet Union to our times and proceeds chronologically, starting with the early attempts to create a customs union in the post-Soviet space to establishing the EAEU itself. As there is no aim to provide a comprehensive overview of the history of Eurasian integration, it focuses primarily on its legal garment. It further provides an overview of the legal nature of the entities the EAEU has been built upon leading to an exploration of a prima facie legal nature of the EAEU.
In this original study of the Eurasian Economic Union, Maksim Karliuk assesses the law and dynamics of functioning of this international organization. Examining the Eurasian Economic Union as an attempt to encourage post-Soviet integration, this book addresses the problematic legal issues of the integration process. Using the legal order autonomy framework, Karliuk carefully selects and organizes the topics included to offer readers a clear, systematic account of the most significant concerns. As well as considering theoretical issues, Karliuk engages with practical solutions to the problems identified. Besides merely outlining the present, this book develops a framework to address gaps and failures in current integration efforts and encourages further research into the complexities of Eurasian integration in the future.
This chapter highlights South Africa, Tunisia, Mauritius, Morocco, and Kenya as the 4IR leaders in Africa. Each country is compared with the use of the GII and GCI scoring to explore their strengths and weaknesses in the 4IR. The GII is a measure of the components of innovation, while the GCI measures twelve specific components that determine a country’s long-term competitiveness. The two have similar overlaps, but the GII is the primary index of analysis with the GCI as a supplementary unit of information. Following the overall comparison of the five countries comes country-specific analyses that include noteworthy innovations and strengths and challenges. Each country analysis helps in looking at the overall digital maturity of the African continent. It also gives more insightful glance at specific sector reforms and policies.
This paper explores the Economic Community of West African States’ (ECOWAS) citizenship regime by investigating the institutional perceptions of five departments of the ECOWAS Commission. Creating a citizenship regime has been a central objective of the organisation's institutional framework but previous research has refrained from examining its multiplicity. The paper uses the concept of citizenship regime consisting of the dimensions rights, access, belonging and responsibility mix as the conceptual lens and draws on institutional documents and primary data from interviews conducted at the ECOWAS Commission. The paper contributes to current debates in citizenship studies and African regionalism and the literature on supra-national citizenship building, regional integration and governance research in Africa and elsewhere. The empirical data show that movement is central to the ECOWAS citizenship regime, whether formulated in terms of a right, as a way to facilitate access, or a way to establish a sense of regional belonging.
The Court of Justice of the European Union is the busiest court in the world. The second edition of this textbook explores why this is. It examines in detail the interactions between European Union and national institutions, instruments, laws and concepts that make up this unique legal order. It explains the core constitutional and substantive principles that underpin the European Union legal order, and introduces EU law in a detailed, comprehensive way which is both enjoyable and clear to read. It offers an up-to-date and accessible analysis of EU law and avoids technical jargon, providing informed insights on an exciting but challenging subject. Combining a historical perspective with up-to-date examples, it aims to help students appreciate how EU law developed and its continued significance in day-to-day life. This updated edition features new coverage on free movement, online resources plus additional chapters on Article 50 and EU law in the UK after Brexit.
This chapter will explore and provide a background to European integration, from the creation of the ECSC and the European Economic Community (EEC or the ‘Community’) to its evolution into the present-day European Union (EU) and EEA. Klaus Patel describes the EEC as ‘a fragile latecomer in an already densely populated field of international organisations’. It covers, first, patterns of post-war regional cooperation, of which the EEC/EU is just one example; second, the enlargement of the EEC, which saw it grow from six members in 1957 to an EU of twenty-eight member states in 2013; third, the process of Treaty reform and development from the Treaty of Rome in 1957 to the Rome Declaration in 2017 and the Future of Europe conference in 2021; and fourth, Brexit or the British exit from the European Union, taking it to twenty-seven member states.
Public interest issues have the potential to play a significant role in the evaluation of mergers and acquisitions in Africa's regional competition laws. A case in point is the Common Market for Eastern and Southern Africa (COMESA): its regional competition authorities have jurisdiction to evaluate transactions within the Common Market. To that end, COMESA's regional competition law enumerates specific public interest factors regarding mergers and acquisitions. Further, COMESA's regional competition law permits the consideration of additional factors under the rubric of public interest, without specifying what these factors are. On this basis, COMESA's regional competition authorities have gradually created precedents on incorporating public interest considerations. This illustrates the point that purist positions towards competition law do not serve Africa's socio-economic development goals. Therefore, the challenge facing COMESA's regional competition authorities is the application of the public interest in a manner that remains faithful to the economic doctrine that underpins competition law.
The Trans-Pacific Partnership (TPP) agreement contains important provisions of direct relevance for agricultural trade and will therefore have important implications for rural economies, the agri-food sector, food security and nutrition in the member countries. Similar to other sectors, for agriculture the agreement includes an ambitious and comprehensive package that goes beyond eliminating tariffs and traditional non-tariff barriers to trade in goods and services, which warrants a thorough analysis of the sectoral effects and their implications for different stakeholders, including agricultural producers.
The Common External Tariff (CET) of the East African Community (EAC) customs union has long been considered the cornerstone of the most successful example of regional integration in Sub-Saharan Africa. In this paper, we assess the implementation of the EAC-CET using a novel dataset of country- and firm-level deviations from the common tariff regime constructed by digitizing information in gazettes published by the Secretariat of the EAC between 2009 and 2019. Employing these data, we present five patterns on EAC tariff policy: (i) increased usage of country-level deviations from the common tariff regime render the EAC-CET less and less ‘common’; (ii) Kenya, Tanzania, and Uganda predominantly use unilateral deviations to increase external protection while Rwanda mostly decreases tariffs; (iii) Kenya, Tanzania, and Uganda increase tariffs for the same classes of products, but target different industries; (iv) unilateral tariff reductions at the country level are mostly used to facilitate access to inputs; (v) data on firm-level exemptions suggest that private sector development in the EAC would benefit from lower tariffs on intermediate inputs. Our findings demonstrate an incipient but clear trend in the EAC away from a communal tariff regime and towards national and more protectionist trade policies.
State-to-state arbitration offers some potential advantages as a dispute-resolution mechanism. These advantages are similar to those arbitration displays in other settings, having to do with specialization, procedural flexibility, speed, and confidentiality. The chapter examines some of the strengths and weaknesses of state-to-state arbitration. It also discusses the arbitrability of peremptory norms of international law (ius cogens), the interaction between arbitrators and the International Court of Justice in the lawmaking process, and the extent to which arbitration is likely to be avoided as a procedure to settle disputes among member states of a supranational organization.
The investment legal regime is part of a broad landscape that encompasses various institutional arrangements and branches of the law. In some parts of the world, for example, supranational organizations have been created. The European Union is a prominent illustration. May member states of the European Union conclude investment treaties among themselves? International law, moreover, includes branches dealing with issues that have implications for investment law, such as human rights law. The chapter explores the ways in which investment law should cohere with the rest of international law, both vertically and horizontally, and how arbitrators should see their role in this fragmented legal environment.
Local Content and Sustainable Development in Global Energy Markets analyses the topical and contentious issue of the critical intersections between local content requirements (LCRs) and the implementation of sustainable development treaties in global energy markets including Africa, Asia, Europe, North America, Latin America, South America, Australasia and the Middle East While LCRs generally aim to boost domestic value creation and economic growth, inappropriately designed LCRs could produce negative social, human rights and environmental outcomes, and a misalignment of a country's fiscal policies and global sustainable development goals. These unintended outcomes may ultimately serve as disincentive to foreign participation in a country's energy market. This book outlines the guiding principles of a sustainable and rights-based approach – focusing on transparency, accountability, gender justice and other human rights issues – to the design, application and implementation of LCRs in global energy markets to avoid misalignments.
In 2004, Morocco, Tunisia, Egypt, and Jordan signed the Agadir Agreement (AA), a free trade agreement with intention of encouraging closer cooperation in trade. The AA came into force in 2007 and relies on the EU's rules of origin. Contrary to existing explanations, which suggest that the little impact of the AA on intraregional trade is a result of the local political elites in the agreement and of weak state institutions, this article amends the concept of isomorphic mimicry to shed some light on the ineffectiveness of the AA. It claims that instead of acting as a vehicle for regional integration, the AA generated two capability traps: premature load bearing and the reproduction of the structural weaknesses of Arab Mediterranean economies. As a result, the AA does not act as an instrument of intraregional cooperation and inclusive growth.
This article investigates the mechanisms by which different communities were articulated during the Late Intermediate period (ca. AD 1000–1450) in the Río Grande de San Juan Basin, also called the Chicha Region, located in the border region of Bolivia and Argentina. Through analyses of systems of pottery production, circulation, and consumption, we examine interaction networks, social integration, and alliance building at a regional level. Yavi-Chicha pottery from two sites in the Chicha Region—Chipihuayco, in the Talina Valley (Bolivia), and Finispatria, in San Juan Mayo (Argentina)—provide key insights into regional integration and constellations of practice through their localized technological style and shared consumption strategies. This study reveals that people of Finispatria incorporated the entire Yavi-Chicha-style household assemblage—partly produced in Chipihuayco, partly in Finispatria, or partly at some unknown location—into their everyday lives. We argue that the entire household ceramic repertoire of the study region played a fundamental and socially integrative role as it circulated across the region.
The ratification of the African Continental Free Trade Agreement (AfCFTA) marked a landmark event in the quest to achieve intra-African free trade. AfCFTA is poised to represent the largest free trade area outside the World Trade Organization. Although AfCFTA aspires to liberalize intra-African trade in goods and services to foster socio-economic development, there are concerns that capacity constraints may stultify the underlying goals. AfCFTA is expected to build on the considerable successes already achieved by Africa's regional economic communities. However, it fails to clarify how the overlapping regimes will be reconciled and harmonized. Nevertheless, the agreement is laudable for its quest to facilitate intra-African trade, foster regional value chains that can facilitate integration into the global economy, and energize industrialization, competitiveness and innovation. This article examines the celebrated AfCFTA to understand its potential amid local realities and the possible implications for the multilateral trading system.
The member states of the Association of Southeast Asian Nations (ASEAN) set themselves the ambitious aim of establishing a region-wide economic community by 2015, and to deepen it in the context of the ASEAN Economic Community (AEC) Blueprint 2025. To achieve these goals, service sector reforms will occupy a central place in ASEAN's policy pantheon. This can be attributed to both ASEAN's integration process and its deepening ties within a dense layer of external economic partners. This book takes stock of the experience of ASEAN member states in pursuing trade and investment liberalization in services. It identifies key challenges that the regional grouping can be expected to encounter in realizing its AEC Blueprint 2025 aims. Using a law and economics lens, the book assesses where ASEAN is and is headed in services trade, situating it alongside efforts at crafting a European single market for services.
Chapter 2 situates the role of services and services trade in the ASEAN economic landscape, providing a range of contextual metrics with which to gauge the contribution that services and services trade make to the region’s insertion into regional and global value chains and the overall regulatory and institutional setting in which such efforts proceed. It further investigates the actual (as opposed to negotiated) degree of openness of service regimes maintained in a sample of leading AMS, using a database developed by the World Bank Group.