Download or read book Harmonising Regional Trade Law in the Southern African Development Community SADC written by Tapiwa Shumba and published by . This book was released on 2015 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A detailed critical analysis of the CISG, OHADA and CESL as models for the harmonisation of sales laws in the SADC region. The study is cutting edge research on SADC and the application of its legal and institutional framework towards creating and implementing community laws. This study focuses on the need to harmonise the law of international sale within the SADC region in order to facilitate international trade with the aim of fostering regional integration, economic development and alleviating poverty. This study addresses the mechanisms by which such harmonisation could be achieved by analysing three models which have been selected for this purpose, namely the CISG, the OHADA and the proposed CESL. The main issues addressed include whether SADC Member States should adopt the CISG, join OHADA, emulate the CESL or should use any of the other instruments as a model for creating a harmonised sales law for SADC. In conclusion, it is observed that SADC has its own institutional and operational mechanisms that require a process and instrument tailor-made for the unique needs of the region. It is recommended that SADC should create its own common sales law based on the CISG but taking into account lessons learnt from both the OHADA system and the CESL. A number of legislative, institutional and operational transformative and reform mechanisms are recommended to enable the creation of such a community law and ensure its uniform application and interpretation."--Bloomsbury Publishing.
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.
Download or read book The Cotonou Agreement and Its Implications for the Regional Trade Agenda in Eastern and Southern Africa written by Manuel De la Rocha and published by World Bank Publications. This book was released on 2003 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Subregional trade arrangements (RTAs) in Eastern and Southern Africa have proliferated in the past 10 to 15 years. The small size of most of the countries in the region, some of which are landlocked, and the security needs in the post independence period largely explain the rapid expansion. These arrangements are characterized by multiple and overlapping memberships, complex structures, and eventually, conflicting and confusing commitments. The influence of RTAs has been limited to assisting the region in increasing trade, attracting foreign direct investment, enhancing growth, and achieving convergence among member countries. But despite their limitations, RTAs have the potential, if properly designed and effectively implemented, to be an important instrument in integrating member countries into global markets. In 1998 most of the Southern African countries, as members of the Africa Caribbean Pacific group (ACP), signed the Cotonou Agreement with the European Union, which includes the negotiation of economic partnership agreements (EPAs) between the EU and the ACP. The Cotonou Agreement explicitly leaves to the ACP countries to decide the level and procedures of the EPA trade negotiations, taking into account the regional integration process. This raises the question of how to decide on the groupings in the context of conflicting regional trade agendas. The author argues that the Cotonou Agreement and EPA negotiations could become the external driving force that will push the regional organizations to rationalize and harmonize their regional trade arrangements, thus strengthening the integration process and economies of the region, and assisting the Eastern and Southern Africa region in becoming a more active partner in the global economy.
Download or read book Comesa and Sadc written by Padamja Khandelwal and published by . This book was released on 2007 with total page 43 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regional integration has been seen in Africa as a means of encouraging trade and securing economies of scale. This paper examines in detail the prospects and challenges for trade expansion in the two most prominent arrangements in eastern and southern Africa: the Common Market for Eastern and Southern Africa (COMESA) and the Southern African Development Community (SADC). It finds that possibilities of growth in intraregional trade may be limited, but that the two arrangements offer opportunities for member countries to gain policy credibility for trade reforms and tariff liberalization and to address structural weaknesses. In this regard, the negotiation of the Economic Partnership Agreements with the European Union can also have a significant impact.
Download or read book The implementation of the Southern African Development Community SADC Protocol on Trade written by Stefan Ulrich Hegner and published by diplom.de. This book was released on 1998-07-13 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inhaltsangabe:Abstract: The SADC Protocol on Trade lays the foundation for the planned free trade area in the SADC region. Its ratification is expected in the near future and therefore the question arises in how far the creation of the free trade area will affect the patterns of intraregional trade. After an examination of the framework of preferential and free trade agreements in the region this study employs a customised methodology based on Viner's theory of customs unions in order to identify those areas of trade that will be affected by trade creation or trade diversion effects. I have examined the trade creation and trade diversion potential of the most relevant goods for each of the twelve SADC countries, resolved to a 2 digit HS code level. These results were then put into relation to the overall macroeconomic situation in each country. There were a number of data problems that make the findings of this study less meaningful. However, to some extent this report can be seen as a best possible approximation and as a starting point for further and more detailed research. The overall findings can be summed up as follows: · South Africa is not going to be the only winner from the free trade area and especially its textile and clothing sector might suffer as a result. · There are virtually no trade creation and trade diversion effects to be expected for the BLNS countries but there is a good possibility of additional exports. Therefore, they are likely to profit the most. · Angola and Mozambique will probably experience the strongest trade creation and trade diversion effects. This will be triggered mainly by free trade with South Africa and the fact that their industrial base is very weak and has just started recovering. Zusammenfassung: Das SADC Handelsprotokoll ist die Grundlage für die geplante Freihandelszone in der SADC Region und wird voraussichtlich in Kürze ratifiziert. Es stellt sich daher die Frage, inwieweit sich die Schaffung dieser Freihandelszone auf den Handel innerhalb der Region auswirken wird. Nach einer Untersuchung der Handelsabkommen innerhalb der Region wird eine Methodik verwendet, die auf Viners Theorie der Zollunionen basiert, um jene Bereiche des regionalen Handels zu identifizieren, die von handelsschaffenden und handelsumlenkenden Effekten betroffen werden. Ich habe das Potential für handelsschaffende und handelsumlenkende Effekte der wichtigsten Güter, aufgeschlüsselt nach zweistelligen HS Codes, für alle [...]
Download or read book Adopting a Harmonized Regional Approach to Customs Regulation for the Tripartite Free Trade Agreement written by Vimbai Lisa Michelle Jana and published by Anchor Academic Publishing. This book was released on 2017-09-19 with total page 111 pages. Available in PDF, EPUB and Kindle. Book excerpt: The three regional economic communities (RECs) in Eastern and Southern Africa are the Common Market for Eastern and Southern Africa (COMESA), the East African Community (EAC) and the Southern African Development Community (SADC). Together, they have recognised the need to work towards regional cooperation aimed at the eventual creation of a single regional economic community or Tripartite Free Trade Agreement (TFTA). This will replace the existent RECs in Eastern and Southern Africa to which the member states of these two regions have multiple membership. The TFTA region comprises a total of 27 member states which have a combined population of 527 million people and a combined gross domestic product (GDP) of USD 624 billion. These statistics translate into a potential regional economic powerhouse for Eastern and Southern Africa. One of the major goals of the TFTA is to harmonise trade arrangements among the three RECs, improve the movement of goods and persons within the single integrated region, facilitate the joint implementation of regional infrastructure projects and enhance co-operation of member states. This is a laudable initiative by the member states of the three RECs and it is recognised that regional integration is the first step towards integration into a multilateral trading system. For the TFTA member states, it is crucial that there is an awareness to move towards a review of domestic customs legislation and policy and to develop regional, supranational legislation and regulations in order to gain a stronger competitive edge in the global market. This study shies away from proposing a „quick fix‟ or „instant benefit‟ to the harmonisation of TFTA member states customs legislative frameworks and policies and the development of a single automated, interoperable electronic customs system. Rather, it places its focus on long-term sustainable benefits which will be realised over time. The harmonisation of TFTA member state customs legislative policies and the resultant Information and Communications Technology (ICT) reforms to the customs processes of the TFTA member states, though not immediate or short-term, will strategically position the region to conduct business in an increasingly volume driven, fast paced, electronic global economy.
Download or read book North South Regional Trade Agreements as Legal Regimes written by Clair Gammage and published by Edward Elgar Publishing. This book was released on 2017-05-26 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a critical reflection of the North-South regional trade agreements (RTAs), known as the Economic Partnership Agreements, negotiated between the EU and the African, Caribbean, and Pacific countries. Conceiving of regions as legal regimes, Clair Gammage highlights the challenges facing developing countries when negotiating RTAs with developed countries and interrogates the assumption that these agreements will and can promote sustainable development through trade.
Download or read book Southern African Development Community Business Law Handbook Strategic Information and Developments written by IBP USA and published by Lulu.com. This book was released on 2009-03-30 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Southern African Development Community SADC) Business Law Handbook - Strategic Informtion and Basic Laws
Download or read book African Regional Trade Agreements as Legal Regimes written by James Thuo Gathii and published by Cambridge University Press. This book was released on 2011-07-21 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: African regional trade integration has grown exponentially in the last decade. This book is the first comprehensive analysis of the legal framework within which it is being pursued. It will fill a huge knowledge gap and serve as an invaluable teaching and research tool for policy makers in the public and private sectors, teachers, researchers and students of African trade and beyond. The author argues that African Regional Trade Agreements (RTAs) are best understood as flexible legal regimes particularly given their commitment to variable geometry and multiple memberships. He analyzes the progress made toward trade liberalization in each region, how the RTAs are financed, their trade remedy and judicial regimes, and how well they measure up to Article XXIV of GATT. The book also covers monetary unions as well as intra-African regional integration, and examines free trade agreements with non-African regions including the Economic Partnership Agreements with the European Union.
Download or read book The Southern African Development Community SADC Trade Legal Instruments Compliance with Certain Criteria of GATT Article XXIV written by Amos Saurombe and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article XXIV of the General Agreement on Tariffs and Trade (GATT) lays down the legal principles with which regional trade agreements have to conform. Based on these principles, WTO members have the mandate to determine the legality of Regional Trade Agreements (RTAs) under the GATT. Article XXIV permits both regional and bilateral preferential trade agreements leading to the formation of customs unions and free trade areas, and seeks to integrate them in the multilateral trading system envisioned for the world. SADC is an RTA created under this Article. Notwithstanding the controversies surrounding the provisions and interpretation of Article XXIV, this paper seeks to establish the extent to which the SADC Protocol on Trade and free trade area comply with WTO rules. An analysis of selected Article XXIV provisions and the SADC Trade Protocol provisions will be undertaken in trying to establish this compliance.
Download or read book How Integrated is SADC written by Alberto Behar and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Negotiating South South Regional Trade Agreements written by Gbadebo Odularu and published by Springer. This book was released on 2017-01-26 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of South-South regional trade issues, with a particular focus on sustainably fostering Africa’s regional trade agenda. It examines the extent to which South-South regional trade agreements (RTAs) have contributed toward enhancing regional integration and economic expansion in Africa in particular, and in the South in general. The authors recommend new conceptual frameworks, appropriate initiatives, and workable policy recipes to help South-South RTAs enhance Africa’s economic transformation trajectory. The book underscores the geo-politics, as well as the opportunities and challenges that emerging economies now represent for Africa in the context of South-South regional trade policy. Readers will learn how Africa can strengthen its regional trade game by securing and building on the positive outcomes of South-South RTAs.
Download or read book SADC written by David Evans and published by Sapes Books. This book was released on 1999 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book the Authors argue that, the economies of Southern Africa are small and generally underdeveloped. The countries in SADC must therefore join together to streghthen themselves economically and politically if the region is to become a serious player in international relations.
Download or read book A Handbook on Regional Integration in Africa written by Brendan Vickers and published by Commonwealth Secretariat. This book was released on 2017-04-10 with total page 95 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Handbook on Regional Integration in Africa advises and informs on current dynamics, opportunities, challenges and policy options for Africa’s regional integration agenda. It is a unique resource for supporting capacity-building on African regional trade issues.
Download or read book Informal Cross border Trade in the Southern African Development Community SADC written by Nsolo J. Mijere and published by OSSREA. This book was released on 2008-12-31 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study investigates the existence and volume of informal cross-border trade (ICBT) in the mainland SADC member states. The four basic research questions for the study were as follows: Is there informal cross-border trade among the mainland SADC member states? Do the informal traders (ICBTs) contribute to the SADC national economies and to the economies of the region as a whole, and is this revenue acknowledged by the SADC nation governments? Does the ICBT facilitate the new mission of SADC: the promotion of social, economic and political integration in the Southern African region? Lastly and perhaps most importantly have the SADC member states or SADC as an organisation formally put in place trade policies and regulations that promote the development of ICBT in the region? The study further explores the extent to which the cross-border ethnic relationships of ICBTs assist and facilitate the activities of the informal cross-border micro-trade. These questions are investigated within the context of SADC, a regional grouping with a long geo-political history as well as common colonial and socio-economic experiences that have all impacted on and restrained formal trade among SADC member states.
Download or read book Compliance with International Trade Obligations written by Henry Mutai and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important new book deals with the formation and regulation of regional trade agreements in the context of the WTO legal regime and Eastern and Southern African countries, specifically those nations that make up the Common Market for Eastern and Southern Africa (COMESA). Despite a poor track record, regional integration has for a long time been, and remains, the preferred path to economic development and poverty alleviation among developing countries in Africa. Regional integration undoubtedly holds great promise for developing nations in Africa. Many African countries stand to gain from pooling their meager resources and thus being able to participate more meaningfully in the international arena. However, the rhetoric surrounding integration has not been matched by actions and the record of trade liberalization has been weak. Substantive action appears to be taking a back seat to formal statements and declarations. This book consequently addresses four related critical issues: (1) compliance with rules and regime design, (2) the relationship between regionalism and multilateralism, (3) the legal regime created by Article XXIV and the Enabling Clause of the General Agreement on Tariffs and Trade, and (4) the COMESA legal regime. Product highlights Provides readers with expert perspective on regional trade agreements, an area of growing concern to practitioners, academics, and government officials. Will squarely address a current lack of actionable analysis, applying an international relations perspective to the analysis of regional trade integration.
