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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Regional organizations and their members: the question of authority
Author:Ferreira-Snyman, AnélISNI
Year:2009
Periodical:The Comparative and International Law Journal of Southern Africa (ISSN 0010-4051)
Volume:42
Issue:2
Pages:183-209
Language:English
Geographic term:Africa
Subjects:African Union
legislative power
European Union
Abstract:The growing interdependence between States has compelled the creation of international and regional organizations, often with supranational characteristics, as instruments to regulate newly emerging international issues. International and regional organizations are increasingly viewed as new law-making actors, which are to some extent autonomous from the States that establish them. This article investigates the relationship between regional organizations and their members with regard to the authority to make and apply legislation, with specific reference to the European Union and the African Union. It looks in particular at the principle of subsidiarity and the doctrines of supremacy, direct legal effect and direct applicability of law. It notes that while the process of regionalism is a reality, demarcating the competency areas which should fall under the authority of the regional organization or under that of the member States remains problematic. The European Union can only to some extent serve as an example for Africa. In contrast to its European counterpart, the Pan African Parliament is at present totally underdeveloped, while the limited powers granted to the new African Union Authority tend to suggest that African States are not ready to accept limitations on their sovereignty by a supranational legal system. Notes, ref., sum. [Journal abstract, edited]
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