The legal framework for African economic integration: a critical appraisal.

The question is whether the legal framework for economic co-operation andintegration in Africa, is suitable for achieving the aim of building the AfricanEconomic Community [AEC]. Economic integration, in leading to large marketsand a supporting infrastructure, is a proper development strategy implementingwhich will depend on the efficacy of an enabling legal framework and a supportivemultilateral trade system.The AEC is an integral part of the Organisation of African Unity [OAU]. Thoughlargely a political organisation since inception way back in 1963, the OAU'sagenda is increasingly economic, with the completion of de-colonisation, and willcoincide with that of the AEC which is an economic and monetary union to beestablished in six stages through a merger of the regional economic communities[REC5]. To facilitate this merger, the aims, structure of organs and the entire legalframework of the RECs, need to be harmonised at the continental level.The structure for the AEC and the RECs gives pre-eminence to political organs,relegating the technical to making recommendations. In view of obstacles toAfrican integration, such as inconsistent political will, effective technical organsought to take charge of implementing the constitutive instruments andprogrammes.The AEC and RECs comply with the WTO Agreement. However, Article XXIV andPart IV of GATT need a proper interpretation, to guide parties. The Enabling Clause, dealing with regional trade agreements [RTAs] among developingcountries, is the proper regime for notifying African RTAs; but as Africa is poisedto develop and as the AEC is of indefinite duration, it is prudent that the RTAscomply with Article XXIV also.To develop a suitable legal framework, the protocols need to be drafted andadopted, and all the organs established. The constitutive instruments for the RECsneed to be revised and implemented so that the stages for establishing the AECare followed. An involved civil society and effective rules can improve prospectsfor the AEC.