Doctor Legum - LLD

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Browsing by Subject "Abuja Treaty"

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    Assessing the implementation viability of the Abuja Treaty in establishing the African economic community
    (University of the Western Cape, 2024) Makong, Tsotetsi
    The Abuja Treaty ushered in the hope that the dream of the founding fathers of Africa’s continental integration would materialise in the form of economic integration. However, the adoption of Balassa’s neoclassical theory of economic integration by the Treaty renders its implementation unviable, both structurally and technically. Furthermore, the treaties of Africa’s regional economic communities (RECs) also follow Balassa’s theory, and are legally, technically and structurally divorced from the economic integration milestones set out in article 6 of the Abuja Treaty. Their relationship is therefore mutually exclusive and defined by irreconcilable inconsistencies and conflicts in their objectives and provisions. To address the non-viability of the Abuja Treaty, an alternative, non-Balassian economic integration model that streamlines the structural, technical and legal relationship between the Abuja Treaty and REC treaties is critical. This research develops and recommends an organic and eclectic integration (OEI) model of integration. The OEI model consolidates economic and non-economic elements of Africa’s integration under the recommended unitary continental legal regime. Under the unitary legal regime, the OEI would foster the gradual cession of all economic and non-economic integration competences by RECs to the African Union legal regime while adhering to World Trade Organisation rules. OEI incubates continental productive capacity on a cross-border basis through the adoption of cross-border public-private partnerships and provides measures targeted at small and medium enterprises. This thesis proposes an accountability mechanism that specifies modalities for the transfer of REC treaty competences to the OEI model.