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| Title: | Cross-border legal practice in the East African community: prospects and challenges from the Tanzanian position |
| Author: | Gastorn, Kennedy |
| Year: | 2013 |
| Periodical: | Journal of African and international law (ISSN 1821-620X) |
| Volume: | 6 |
| Issue: | 2 |
| Pages: | 277-323 |
| Language: | English |
| Geographic terms: | East Africa Tanzania |
| Subjects: | East African Community legal practitioners freedom of movement |
| Abstract: | This paper discusses cross border legal practice, primarily from the point of view of Tanzania, one of the member states of the East African Community (EAC). Cross border legal practice is part of the free movement of services, and implies that an advocate admitted in one of the EAC partner states is allowed to practice in all other EAC partner states. Ordinarily, greater integration culminates into freer movement of services and accordingly greater mobility of advocates, mergers of law firms or similar synergies within the region. Cross border legal practice may take various forms such as temporary provision of legal services of advocates across borders. This may include appearing in court in the host country under the direction of a local advocate; acting as a legal consultant on foreign law; setting up of law firms in the host country, which include mergers; becoming a member of the host country bar either through an examination or through mutual recognition; and arbitration work where a lawyer is permitted to represent any client before an arbitration tribunal in any other partner state. Current efforts to achieve cross border legal practice are analyzed in the paper. The author examines national regimes within the EAC and the EU and brings concerns about the demand for a wider opening of the Tanzanian market to the fore. Notes, ref. [ASC Leiden abstract] |