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Author: James Thuo Gathii Publisher: Cambridge University Press ISBN: 1139498592 Category : Law Languages : en Pages : 525
Book Description
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.
Author: James Thuo Gathii Publisher: Cambridge University Press ISBN: 1139498592 Category : Law Languages : en Pages : 525
Book Description
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.
Author: Clair Gammage Publisher: Edward Elgar Publishing ISBN: 1784719625 Category : Law Languages : en Pages : 405
Book Description
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.
Author: Henry Mutai Publisher: ISBN: 9789041126641 Category : Africa Languages : en Pages : 0
Book Description
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.
Author: Olabisi D. Akinkugbe Publisher: ISBN: Category : Languages : en Pages :
Book Description
There is a gap in the legal scholarship on African regional trade agreements (RTAs) that links law and development to narratives of developmental regionalism. This article undertakes a critical analysis of the 'developmental regionalism' paradigm as they have been applied in the study of African RTAs. The article identifies three areas of critical intervention to address the incoherence of developmental regionalism in Africa: limitation in theory; narrow conceptualization; and an insufficient attention to the role of law. First, to address the gap in theorizing the 'development' in developmental regionalism, this article makes the case for an explicit linking of Law and Development scholarship and Developmental Regionalism in African regional trade agreements. In so doing, while the article acknowledges the shortcomings of mainstream Law and Development Scholarship, it contends that these critiques do not foreclose the cross-pollination of the fields to offer a theoretical basis for a more rigorous understanding of developmental regionalism in African RTAs. Second, to address the narrow understandings of developmental regionalism, the emphasizes the importance of a robust definition of the concept. It makes the case for rethinking developmental regionalism as an analytical tool that responds to and accommodates the multidimensional character of African RTAs. In turn, the article argues that rethinking developmental regionalism as an analytical tool avoids the need for prescriptive and limiting definitions of the scope of the concept. Thirdly, the article argues for a more rigorous engagement with the role of law in African RTAs. Since these agreements are not strict rules-based regimes; the article pushes back against the failure narratives that are produced by dominant theoretical frameworks that privilege globalized legal thoughts embedded in trade agreements. In conclusion, the article argues that our understanding of African RTAs as 'flexible legal regimes' or in anti-formalist terms is deepened by an explicit linkage of the fluid concept of development to the selective implementation of the RTAs based on their priorities.
Author: Gbadebo Odularu Publisher: Springer ISBN: 3319455699 Category : Business & Economics Languages : en Pages : 166
Book Description
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.
Author: Yongzheng Yang Publisher: International Monetary Fund ISBN: 9781589064393 Category : Business & Economics Languages : en Pages : 62
Book Description
In recent years, African policymakers have increasingly resorted to regional trade arrangements (RTAs) as a substitute for broad-based trade liberalization. This trend has long-term implications for the effectiveness of trade policy as a tool for poverty reduction and growth. This paper examines the record of RTAs in promoting trade and investment. It also explores policy measures that may help improve RTAs' performance.
Author: Manuel De la Rocha Publisher: World Bank Publications ISBN: Category : Africa, Eastern Languages : en Pages : 32
Book Description
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.
Author: Kofi Oteng Kufuor Publisher: Taylor & Francis ISBN: 1003838332 Category : Law Languages : en Pages : 200
Book Description
In 2018, the members of the African Union adopted the African Continental Free Trade Area Agreement (AfCFTA). This book examines the AfCFTA, dissecting its key provisions. It stresses the importance of the AfCFTA in the context of increasing episodes of trade protection in Africa, and it theorizes on the role of the treaty organs. The book also examines the importance of citizen participation for the success of the AfCFTA, as well as exploring the role sub-state actors can play. Ultimately, the study adds to the understanding of the array of problems that are associated with regional trade in Africa and the role law plays in resolving these problems. It will be of importance to academics and students of international law, especially those with an interest in African trade law, as well as legal professionals and policymakers.
Author: David A. Gantz Publisher: ISBN: Category : Law Languages : en Pages : 544
Book Description
The proliferation of regional trade agreements ("RTAs") is one of the most economically significant, politically important and, for some, troubling developments within the world trading system since the WTO Agreements entered into force in 1995. The WTO Secretariat has predicted that by 2010 nearly 400 such "preferential" trade agreements could be in force, with many WTO Member States being party to multiple RTAs. This movement toward increased regionalism may accelerate if the Doha Development Round of WTO negotiations remains stalemated, but will likely continue regardless of whether Doha is ultimately concluded. This volume is designed to introduce the reader to the world of RTAs, for general understanding of the place of RTAs in the global trading system, appreciation of the context and legal content of particular RTAs, and as a basis for further study and analysis. (An extensive bibliography and list of Internet links are included.) Part I discusses the economic, policy and developmental issues arising from regionalism, and then considers the WTO legal regime as it affects and is affected by RTAs. The focus there is on free trade agreements ("FTAs") and customs unions ("CUs") regulated by Article XXIV of GATT 1994 or Article V of the General Agreement on Trade in Services, and on efforts within the WTO regime to minimize the negative effects of such departures from the core GATT/WTO principle of non-discrimination (most-favored nation treatment). Part II discusses the multiple FTAs concluded by the United States with various trading partners since 1985, beginning with an analysis of the political, legal and policy considerations that affect the United States'' ability to conclude international trade agreements. Extensive coverage is given to the North American Free Trade Agreement ("NAFTA") and to the Central American -- Dominican Republic -- United States FTA ("CAFTA-DR"). NAFTA is important because it represents by far the largest trade volume generated under any U.S. FTA, and because it has become the model for most subsequent U.S. FTAs, as well as many concluded by other nations. CAFTA-DR embodies legal changes reflecting ten years'' experience under NAFTA. It also exemplifies the increasing use of FTAs by the United States as a mechanism for encouraging economic development, democratic institutions and the rule of law. Analysis at varying levels of detail is provided for all other U.S. FTAs, including those with Colombia, Panama and Korea, for which Congressional approval is pending, and for the unique bilateral trade agreement with Vietnam. Part III analyzes five other important RTAs: The European Union ("EU"), Central American Common Market, MERCOSUR, South African Customs Union, and ASEAN FTA. These diverse accords each play an important role in the intra-regional political and economic relations of the parties, and exemplify a broad range of ambitious approaches to expanding intra-regional trade and commerce on four continents. The EU is likely the most successful RTA in history, and serves as a model for other CUs, including those discussed in Part III. Like globalization, the RTA phenomenon is here to stay. WTO member government officials, international practitioners and law students aspiring to careers in international trade law must learn to deal effectively with the challenges and opportunities presented by such agreements. "Regional Trade Agreements: Law, Policy and Practice makes a useful contribution to existing literature and will be particularly helpful to governmental officials, academics, practitioners, and postgraduate students wishing to learn more about the how and what of RTAs. Readers searching for information about a particular agreement can gain knowledge and understanding by reading a single chapter dealing with a particular agreement, but reading the entire book will allow the reader to more fully benefit from both the insight and experience of the author as well as to fully understand the interplay between politics, economics, and law in the RTA negotiating and implementation process." -- World Trade Review "By presenting a comprehensive introduction both to RTAs in general, and by providing comprehensive introductions to many RTAs that are in force throughout the world today, Professor Gantz has written a text that should be used by both practitioners and students who wish to gain an understanding of RTAs and their relationship with international trade and foreign relations." -- Trade, Law and Development "Gantz expertly weaves economic and political considerations into his legal analysis.... Regional Trade Agreements: Law, Policy and Practice makes a useful contribution to existing literature and will be particularly helpful to governmental officials, academics, practitioners, and postgraduate students wishing to learn more about the how and what of RTAs." -- The Journal of World Trade Review
Author: Rohini Acharya Publisher: Cambridge University Press ISBN: 1107161649 Category : Business & Economics Languages : en Pages : 753
Book Description
This volume contains a collection of studies examining trade-related issues negotiated in regional trade agreements (RTAs) and how RTAs are related to the WTO's rules. While previous work has focused on subsets of RTAs, these studies are based on what is probably the largest dataset used to date, and highlight key issues that have been negotiated in all RTAs notified to the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). New rules within RTAs are compared to rules agreed upon by WTO members. The extent of their divergences and the potential implications for parties to RTAs, as well as for WTO members that are not parties to RTAs, are examined. This volume makes an important contribution to the current debate on the role of the WTO in regulating international trade and how WTO rules relate to new rules being developed by RTAs.