This book examines the relationship between flexible regional economic integration in the East African Community (EAC), through its application of variable geometry, and the establishment of the African Continental Free Trade Area (AfCFTA) as a continent-wide form of integration. It uses a historical, political, legal and economic analysis of the processes that led to the adoption of flexible regional integration in Africa, with particular regard to the EAC. This takes place in the inescapable context of pan-Africanism, showing how regional integration efforts in Africa are based on pan-Africanist ideals, and how an evolution of these ideals has led to an evolution in the goals of integration. With growing awareness of the weaknesses and impracticality of consensus-based decision-making on a global level, it makes the case for the pursuit of flexibility in multilateral trade, drawing lessons from the experience of the AfCFTA and blocs in other regions.
This book is a historical evaluation of regional economic integration efforts in Africa and it follows the path of attempts to integrate the economies on the continent from colonial times to the birth of the AfCFTA. While it is a study in law, it relies heavily on politics, economics and history to weave together a more complete theory of economic integration based on the African experience.
Flexible Regional Economic Integration in Africa was awarded the 2020 SIEL–Hart Prize in International Economic Law.
1. Introduction I. The East African Community (EAC) II. Flexible Regional Economic Integration III. The Approach IV. Significance V. Overview 2. Integration Theory I. Deciphering Regional Economic Integration II. A Brief Revisiting of Integration Theories A. From Autarky to Single Markets B. Why Integrate? C. How We Integrate D. The Effects of Integration E. The Complexity of Theorising III. Pan-Africanism, Integration Theory and the African Experience A. Reasons for Integration in Africa B. The Slow Pace of Integration in Africa IV. Summary: Theories, Realities and the Ensuing Frustration 3. Flexible Regional Economic Integration I. A Definition of Flexible Regional Integration A. A Principle of Flexibility B. Progression in Cooperation C. A Subgroup of Members D. A Larger Integration Scheme E. A Variety of Areas F. Different Speeds II. Streamlining Definition: Flexible Regional Economic Integration III. The Application of Flexible Regional Economic Integration A. Flexible Integration: A Broad Spectrum B. Flexible Integration in Africa C. Beyond Africa: Flexibility in the EU and MERCOSUR IV. Arguments in Favour of Flexible Integration A. Reasons for the Existence of Flexible Integration B. Benefits of Flexible Integration V. Criticisms of Flexible Integration VI. Summary 4. An Introduction to the EAC I. Early Beginnings II. The Second Attempt A. Harmonised Economic Policy B. Common Institutions C. The Common Market D. The Second Collapse III. The EAC Today A. Policy Harmonisation B. EAC Institutions C. The EAC Customs Union and Common Market IV. Looking Forward V. Summary 5. Flexible Regional Economic Integration in the East African Community I. A Brief History of Article 7(1)(e) of the EAC Treaty A. The Double-Edged Context B. The Unchanging Clause C. The Connection between the Unchanging Clause and the Africa-wide Link II. Why Flexible Regional Economic Integration in the EAC? A. Political Factors B. Economic Factors III. Summary 6. The Northern Corridor Integration Projects I. An Introduction to the NCIP A. The Projects B. Participating States and a Brief Review of Relations between them C. The Politics of the East African Community II. Milestones to NCIP’s Establishment A. EACJ Advisory Opinion No. 1 of 2008 B. The Entebbe Meeting of 25 June 2013 and Subsequent NCIP Summits C. Precipitating Factors D. Protestations from Tanzania and Other Criticisms III. Effects of the NCIP A. Trade Patterns B. Relations between the EAC Partner States C. Relations between the EAC and Third Parties IV. Summary 7. The Africa Continental Free Trade Area I. A Brief History of the AfCFTA A. Faltering, Learning and Unlearning: 1960–1980 B. The Post-Lagos Surge: 1980–2018 II. AfCFTA: Objectives, Principles and Enabling Factors A. AfCFTA: A Long Time Coming, But Why Now? III. The EAC and AfCFTA: Mother and Child, or Egg and Fowl? A. The Egg and Fowl Debate B. The EAC and AfCFTA: Friend or Foe? C. AfCFTA: The EAC Supersized? IV. Summary: Is the AfCFTA a Case for or Against Flexible Integration? 8. Beyond the Regions: Flexibility in Multilateral Trade I. The WTO Today – A Single Undertaking? A. Inconsistent Commitments B. Transitional Arrangements C. The Plurilateral Agreements D. The Critical Mass Approach E. ‘Trade And –’ II. Why Has Flexibility Been Avoided? A. The Reason for the Rules B. The Rule about the Rules C. The Sovereignty Debate D. The Ironic Role of Regional Trade Agreements (RTAs) E. The Fragility of Practicality III. The Big Question: How? A. How Would Multilateral Flexibility Look? B. How do we Sell Multilateral Flexibility? 9. Flexibility: Looking Ahead
Timothy Masiko is Teaching Associate at the University of Nottingham, UK.
