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| Title: | The need for the harmonisation of trade laws in the Southern African Development Community (SADC) |
| Author: | Ndulo, Muna |
| Year: | 1996 |
| Periodical: | African Yearbook of International Law |
| Volume: | 4 |
| Pages: | 195-225 |
| Language: | English |
| Geographic term: | Southern Africa |
| Subjects: | SADC international law commercial law |
| Abstract: | SADC was established by Treaty in 1992. Its principal objective is to foster closer economic and political ties among its member States - Angola, Botswana, Lesotho, Malawi, Mauritius, Mozambique, Namibia, South Africa, Swaziland, Tanzania, Zambia and Zimbabwe - and prepare the ground for the establishment of an economic community. The SADC Treaty requires member States to cooperate in all areas necessary to foster regional development and integration on the basis of balance, equity and mutual benefit. The Treaty lists a number of areas in which signatories to the Treaty have agreed to cooperate. This list does not include the harmonization of law, which the present author believes is critical to the process of integration. After presenting some general considerations on economic integration in Africa and outlining the history and objectives of SADC and its institutions, he indicates some of the obstacles to complete trade liberalization and market integration in Africa and argues the case for harmonizing SADC trade laws. He discusses a number of techniques which can be used to this end and provides examples drawn from the work of international organizations in the field of the unification of international trade law. He suggests that an SADC institution or structure, with specific responsibility for the unification of law, be established. Notes, ref. |