Book contents
- Frontmatter
- Contents
- Tables
- Acknowledgements
- Table of treaties
- Table of cases (international/regional courts)
- Table of cases (national courts)
- Abbreviations
- Introduction
- 1 Africa's economic integration – an introductory overview
- 2 Legal framework for managing relational issues
- 3 The AU, AEC and regional economic communities
- 4 Community–state relations in Africa's economic integration
- 5 Relational issues before the community courts
- 6 AU/AEC institutions and the enforcement of community law
- 7 Implementing community law in African states
- 8 Inter-institutional relations: public–private international law dimensions
- 9 Interstate relations, economic transactions and private international law
- 10 Conclusion
- Bibliography
- Index
9 - Interstate relations, economic transactions and private international law
Published online by Cambridge University Press: 05 July 2011
- Frontmatter
- Contents
- Tables
- Acknowledgements
- Table of treaties
- Table of cases (international/regional courts)
- Table of cases (national courts)
- Abbreviations
- Introduction
- 1 Africa's economic integration – an introductory overview
- 2 Legal framework for managing relational issues
- 3 The AU, AEC and regional economic communities
- 4 Community–state relations in Africa's economic integration
- 5 Relational issues before the community courts
- 6 AU/AEC institutions and the enforcement of community law
- 7 Implementing community law in African states
- 8 Inter-institutional relations: public–private international law dimensions
- 9 Interstate relations, economic transactions and private international law
- 10 Conclusion
- Bibliography
- Index
Summary
Interstate relational issues are a feature of economic integration. Regional economic communities operate within the context of multiple state legal systems. The legal relations between the member states of a community are just as important for effective community development as community–state relations. Such relations directly impact on economic transactions within a community. There are socio-political and economic dimensions of interstate relations, but from a legal perspective a number of issues arise in this context. Are normative acts in one state recognized and enforced in other member states? Are there any constraints attached to the recognition and enforcement of foreign normative acts? Do member states share the same legal traditions – common law, civil law, Roman–Dutch law and so on – and how does that impact upon their relations with one another? What is the degree of harmonization of laws between the member states? Should harmonization of laws be pursued as part of the integration processes? In the absence of harmonization, are there any approaches or techniques that could be adopted? To what extent do judges take account of each other's jurisprudence? These are weighty issues likely to be faced by communities in Africa, especially as they progress through the stages of economic integration.
- Type
- Chapter
- Information
- Legal Aspects of Economic Integration in Africa , pp. 271 - 309Publisher: Cambridge University PressPrint publication year: 2011