The role of African Union law in integrating Africa

Abstract

This article traces how the development of regional law is linked to the state of regional integration in Africa. Given the prominent role European Union law plays in the functioning of the European Union, the question is posed whether there is similar scope for the development of ‘African Union law’, a term not established hitherto. Initially devoid from the necessary supranational elements required to adopt law that would automatically bind member states, the African Union is leaning towards a functionalist approach paving the way for transfer of sovereign powers to African Union institutions. It is argued that law-making capacity, be it through the activities of the Pan-African Parliament, the Peace and Security Council or the African court system, is a necessary requirement to accelerate the process of regional integration. African Union law will hold member states accountable to comply with international and continentally agreed standards on, inter alia, democracy, good governance and human rights.