Abstract
Without some level of institutionalisation or other means of enforcement, national commitment to regional trade integration is bound to face some challenges. Accordingly, transnational trade is obviously inhibited when the validity and enforcement of contracts, obligation and rules cannot be guaranteed beyond the term of office of an administration. Thus Member States' commitment to the work of institutions within a regional economic community like SADC is critical for the full implementation of the SADC Treaty and its Protocols. The Protocol on Trade has been hailed as the most important for integration in SADC. This paper will indicate that institutions are essential drivers of organisations and their role in regional integration is therefore very important. However under the current legal and institutional framework, the SADC regional integration agenda faces major challenges of implementation. SADC institutions are not capable of completely fulfilling their legal obligations, although in some instances the lack of fulfilment was clearly a result of the legal instruments themselves being incomplete and needing further reform.
Highlights
The Southern African Development Community (SADC) Treaty constitutes a statement of intent and resolve to overcome the burden of history and an acknowledgement of the immense benefits of regional economic integration.1 The SADC Treaty, its various institutions and legal instruments constitute an important step in the direction of integration.2 The challenge now is how SADC Member States are willing to subject themselves to supranational governance as provided for by the Treaty and implemented by the key institutions that derive their mandate from the Treaty
The origins of the Southern African Development Coordination Conference (SADCC) lie in the Frontline States,12 a group of Southern African countries that fought for independence from colonial rule
If it is envisaged that the Tribunal will be called upon in the near future to decide on issues relating to regional integration, and if the Zimbabwean experience is used as a precedent, Member States may get away without being sanctioned after a breach of their obligations under the SADC Treaty
Summary
The Southern African Development Community (SADC) Treaty constitutes a statement of intent and resolve to overcome the burden of history and an acknowledgement of the immense benefits of regional economic integration. The SADC Treaty, its various institutions and legal instruments constitute an important step in the direction of integration. The challenge now is how SADC Member States are willing to subject themselves to supranational governance as provided for by the Treaty and implemented by the key institutions that derive their mandate from the Treaty. The SADC Treaty, its various institutions and legal instruments constitute an important step in the direction of integration.. Erasmus poses a number of relevant questions which governments involved in regional integration will have to address These are: 'What are the implications of the treaty obligations for the parties' citizens?; How will their national policies be affected?; and What happens in the case of non-compliance?' This paper does not answer these questions exhaustively but provides an analysis of the legal provisions that form the basis of the functioning of key SADC institutions. Regional economic integration in the SADC will be discussed with a thorough examination of the important institutional and legal structures of the organisation. The institutions are authorised by the Treaty and the Protocol on Trade, among other things to harmonise the political and social economic policies of Member States, and to encourage popular participation in the activities of SADC and the implementation of SADC initiatives.
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
