General Principles Governing EAC Integration
Kamanga KC and Possi A ‘General principles governing EAC integration’ in: Ugirashebuja E et al (Eds.), East African Community law: Institutional, substantive and comparative EU aspects, Leiden: Brill Nijhoff (2017) at 202-216; ISBN: 9789004322073
15 Pages Posted: 25 Oct 2017
Date Written: April 1, 2017
This chapter expounds on the general principles which govern the functioning and activities of the East African Community (EAC), while also reflecting on the European Union (EU) integration experience. From the outset, it is important to point out that the ‘general principles’ are a source of law as well as guidelines to which states in an integration arrangement should adhere. Thus, this chapter is preoccupied with the dual tasks of mapping the principles of the EAC, as set out in the Treaty for the Establishment of the East African Community (the Treaty), as well as examining the broader legal import of these principles. The justification for such an examination is the role these principles play in promoting universally acceptable tenets of good governance, and more importantly, as a source of law, a dispute resolution tool. Central to this chapter is the thesis that beyond and above individual, specific and binding legal rules found in treaties, on statute books, regulations, by-laws, and case law, there are normative prepositions of a more abstract nature, and of ‘general applicability’, namely general principles.
Keywords: EAC, General Principles, Integration
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