Dissertation: Examining the Role of Regional Community Courts in Integration

Examining the Role of Regional Community Courts in Integration

Case Study of the East African Court of Justice with Lessons from the Court of Justice of the European Union

Schriftenreihe zum internationalen Einheitsrecht und zur Rechtsvergleichung, Band 72

Hamburg , 620 Seiten

ISBN 978-3-339-13318-2 (Print)
ISBN 978-3-339-13319-9 (eBook)

Zum Inhalt

This book examines roles of regional community courts in economic integration. It traces how regional community courts of the EACJ and the CJEU have sought to attune themselves as institutions that can tackle socio-economic and political challenges hampering integration. The study is founded on an observation that regional economic blocs in Africa, particularly the East African Community, face many challenges that hinder effective trade liberalization and economic integration. Recognizing the duties and roles played by other institutions under the institutional frameworks of regional economic communities, the book embraces the thesis that regional community courts have a fundamental role in addressing such challenges and consequently, fostering regional integration. This study takes a comparative approach between the EACJ and the CJEU. The CJEU is portrayed as a model regional community court that has been able to play the role of interpreting Community Treaties in a manner that contributes to eliminating economic and political challenges to integration in the EU. The study sought to question whether the EACJ’s legal and institutional framework is adequate to empower it to play an effective role in promoting integration. It also inquires whether the EACJ plays an active and effective role in addressing challenges that hamper regional economic integration in the EAC. The questions were answered by assessing various indicators inherent in the structure, processes and procedures undertaken by the Court in arriving at its decisions. Finally, the study proffers recommendations to the EACJ and stakeholders on how to improve the Court’s capacity to foster economic integration. Practical lessons were also acquired from the EU/CJEU on how to improve the dispute settlement system in the EAC and improve the functioning of the EACJ in promoting economic integration.

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