The legal status of the East African Community (EAC)

Lily N Njenga

doi:10.22363/2313-2337-2018-22-3-369-383

Abstract

The history of the “metamorphosis” of the East African Community (hereafter the EAC), though for the period of over a decade, is not so different from other international regional organizations. For example, the European Economic Community (hereafter the EEC) also underwent some ‘transformation’ before eventually becoming the EU[49]. More particularly, the article reflects on the early stages of the formation of the EAC, its early challenges and how it may have overcome them to attain its present status. Further, the article reflects on the roles and functions of the East African Community organs and institutions and at the same time touch on the important documents as legal instruments that have been adopted and ratified by the partner states. Additionally, the article will reflect on how effective the EAC has been in its commitment to observe the principles of democracy, the rule of law and social justice so as to show that the EAC stands out from other regional economic organizations in the continent. In conclusion this article will show that the history of the existence of the EAC and its re-establishment in 2000, give grounds to embrace its legal status especially following one of their objectives to form a federation among other principles listed in the treaty, which are in line with the general principles of International law.

Highlights

The history of the co-operation in East African region can be traced to as early as the era of “The East Africa common market” which dates back to the late 19th century and early 20th century
The article will reflect on how effective the EAST AFRICAN COMMUNITY (EAC) has been in its commitment to observe the principles of democracy, the rule of law and social justice so as to show that the EAC stands out from other regional economic organizations in the continent
In conclusion this article will show that the history of the existence of the EAC and its reestablishment in 2000, give grounds to embrace its legal status especially following one of their objectives to form a federation among other principles listed in the treaty, which are in line with the general principles of International law

Summary

INTRODUCTION

The history of the co-operation in East African region can be traced to as early as the era of “The East Africa common market” which dates back to the late 19th century and early 20th century. African regionalism is described in a publication by Ally Possi to have three phrases: Pre-independence phase, postindependence phase and new millennium phase (Possi, 2013:173-195). 22 (3), 370–384 independence phase, the East African High Commission governed the three territories. It had its own structure and oversaw the common market activities as well as legislative matters. The legal background of the EAC will be reflected with some attention given to the key documents that have been signed. These documents include treaties, protocols, acts and other documents that are considered legally binding by and among the member states. Some of their work and findings will be mentioned in this article

THE HISTORICAL BACKRGOUND OF THE EAC

THE EAC AS AN INTERNATIONAL ORGANISATION

THE STRUCTURE OF THE EAC

CONCLUSION