Regional Integration

This opinion piece aims to ascertain the extent to which the new Bank of Namibia Act 1 of 2020 (the Act) imports the neoliberal rules of central banking and it also assesses the level of departure, if any, from the conventional central bank mandates couched in law. The piece further highlights the domestication of the rules of the Central Bank Model Law adopted by the Southern African Development Community (SADC).

This article examines the EAC’s competencies in trade negotiations as a transnational institution in light of this concern. Specifically, it aims to establish whether (or not) EAC Partner States are legally obligated to jointly negotiate with third countries.

There is a need to strip the teaching of PIL of its Eurocentric cognitive and civilisational conceits. ‘There is something profoundly wrong when syllabi designed to meet the ends of colonialism continue well into the [postcolonial] era’.

The Central Asian States should learn to rely on international law, more proactively and consistently, as a tool for advancing their lawful interests, and for maintaining regional and international peace and security. Kazakhstan’s recent membership in the UN Security Council (2017-2018) was an excellent occasion to promote respect for international law at the regional level. Other recent examples of such reliance include the adoption of a Convention on the Legal Status of the Caspian Sea in 2018, or an ongoing reform of criminal law and procedure in Uzbekistan.

On March 9 2018, the African Union Ministers of Trade approved the Declaration establishing the Agreement establishing African Continental Free Trade Area Agreement (AfCFTA); a move that marked the creation of the largest Free Trade Area in the World. The Agreement seeks to create a single market for goods, services and movement of persons and investment among African countries thereby fostering intra-African trade, facilitating structural transformation of African economies and promoting sustainable and inclusive socio-economic development across the African continent. Whether this would turn out to be a significant positive development within the continent may largely depend on whether the broader issue is addressed- The continuous inclination of African States to explore the forest rather than tend the garden.

Considering the ambition of the AfCFTA for deep integration, aiming at liberalizing trade in goods, services, investment, intellectual property, competition and e-commerce, and to guarantee that compliance schedules are absolute results of negotiated arrangements among African countries as opposed to the superintendence and policing of the WTO, this essay suggests that a Full Agreement pathway to notification should be considered.

The aim of this piece is to contribute to the evolving debate around the AfCFTA and its relationship with the WTO. It considers whether the practice of African RTAs to rely on the Enabling Clause since 1979 should be replicated. Considering the ambition of the AfCFTA for a deep integration, aiming at liberalising trade in goods, services, investment, intellectual property, competition, etc, the Enabling Clause appears as a second-best option.

The coronavirus reminds us of our shared humanity, but at the same time its fallout has increased our economic inequalities. It affects and infects people, regardless of class, socio-economic status, gender, and race. At the same time, however, it reinforces inequalities among people and nations by forcing developing countries into the arms of richer nations in the West.

Afronomicslaw.org is pleased to introduce the Afronomicslaw Academic Forum and to welcome a New Editor and three contributing editors effective immediately.

Although COVID-19 is currently making IAT difficult due to restrictions placed on the movement of people and goods, the pandemic justifies enhanced IAT. The situation helps Africa realize the benefits of IAT due to the trade restrictions put in place by our major trading partners who are mainly outside Africa. Most of all, it will help Africa appreciate the good in initiatives put in place to enhance IAT.