Abstract
International trade is important for economic development across world including in Africa. Even General Assembly of United Nations has recognised that international trade is the primary instrument for economic development. This is true for Africa which continues to struggle to shake off bonds of poverty. In an effort to maximise participation in international trade, African countries have entered into various bilateral and multilateral trading agreements and arrangements with each other and with rest of world. This has culminated in various regional free trade areas and customs unions arrangements. These initiatives aim to promote movement of goods, services, capital and people within continent. However, to promote international trade, it is not adequate for them to merely focus on export promotion initiatives; is also a need to tackle impediments to trade, which includes problem of diversity of The continent's colonial legacy which introduced arbitrary borders and foreign legal traditions has made issue of harmonisation of laws even more imperative. The emergence of various legal harmonisation initiatives at regional level is testimony to need for legal harmonisation within African context. However, despite apparent legal diversity in SADC, there is not much tangible progress towards harmonisation of laws. This raises question whether this is due to lack of political will or whether there is scope for such harmonisation under SADC Treaty. This article analyses Southern African Development Community (SADC) objectives focussing particularly on whether legal harmonisation is achievable under current SADC Treaty framework. It considers question whether current SADC Treaty creates an adequate framework for effective legal harmonisation using regionally adopted community laws. It proposes amendment of SADC Treaty to make legal harmonisation one of SADC's objectives in line with similar initiatives on African continent.
Highlights
International trade is important for economic development across the world including in Africa
The law making process should follow the style of the East African Community (EAC), Common Market for East and Southern Africa (COMESA) or OHADA Uniform Acts which are adopted at regional level to automatically apply directly in Contracting States superseding any national law to the contrary.[77]
Southern African Development Community (SADC) must create an enabling framework by amending the SADC Treaty to address a number of key issues
Summary
International trade is important for economic development across the world including in Africa. In an effort to maximise participation in international trade, African countries have entered into various bilateral and multilateral trading agreements and arrangements with each other and with the rest of the world This has culminated in various regional free trade areas and customs unions arrangements. This article analyses the Southern African Development Community (SADC) objectives focussing on whether legal harmonisation is achievable under the current SADC Treaty framework It considers the question whether the current SADC Treaty creates an adequate framework for effective legal harmonisation using regionally adopted community laws. It proposes the amendment of the SADC Treaty to make legal harmonisation one of SADC’s objectives in line with similar initiatives on the African continent
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