Regionalizing Reform of Telecommunication Sector Regulation in the East African Community (EAC): Lessons from the Experience of the European Union (EU)

Author(s):  
Joseph Nyaga
2020 ◽  
Vol 5 (1) ◽  
pp. 111-138
Author(s):  
Augustus Mbila

On 30 November 1999, the Heads of State of the East African Community met in Arusha, Tanzania, and concluded the Treaty for the establishment of the East African Community. The Treaty came into force on 7 July 2000. The founding members of this Community were Kenya, Uganda, and Tanzania. Rwanda and Burundi acceded to the Treaty in 2007 while South Sudan acceded to the Treaty in 2016. While the treaty has the potential of promoting unity among the partner states, this is threatened by the fact that it fails to address how Partner States should implement it. A critical analysis of the jurisprudence from the East African Court of Justice and those of the Court of Justice of the European Union shows that community law is an autonomous legal order in which Partner States have accepted to cede part of their sovereignty to the community. Therefore, community law, unlike international law which houses it, has primacy over the municipal law of the Partner States, notwithstanding their constitutional philosophies. This paper seeks to examine how East African Community Law is implemented by partner states by reviewing the EAC Treaty, the decisions of the East African Court of Justice and the municipal laws of partner states. Decisions of the Court of Justice of the European Union on the implementation of European Union Law by Partner States of the European Union are discussed as lessons to be learnt in the East African Community.


2020 ◽  
Vol 53 (1) ◽  
pp. 39-50
Author(s):  
Ivo Zdráhal ◽  
Nahanga Verter ◽  
Věra Bečvářová

AbstractThe increasing number of regional blocs and interdependence of nations have become important aspects of global economic integration. The European Union (EU28) as one of the most advanced regional bodies has had preferential trade agreements with other regional bodies, such as the East African Community (EAC). Historically, the EU28 has been the EAC’s leading trading partner. Against this background, this paper analyses the dynamics of bilateral trade in agri-food between the two regional blocs for the period 2000–2018, using the battery of empirical tools.The findings indicate that even though the EU has finalised trade agreements with the EAC, it holds on the region regarding trade has diminished. The EAC bloc has diversified its trading partners (to other African countries, India and China) beyond the EU28 markets. The results further reveal that the EU28 has comparative advantages in 32 out of 46 agri-food products in trading with EAC. The export concentration ratios show the EU28 slightly concentrated more in exporting products to the EAC than EAC to the Union. The BCG findings reveal (un)competitive and/or promising (dropping) products in export structures of both regions. By and large, the results indicate certain shifts in the comparative advantage, specialisation/diversification of exports and competitiveness of specific products on the bilateral level between EU28 and EAC. Policymakers, especially from EAC should continue to create enabling environments to stimulate food processing, trade and monitor changes in trade patterns or shocks within the framework of the Partnership Agreement.


Author(s):  
Pie HABIMANA

Harmful tax competition is a topic that is globally and hotly discussed. For the past three decades, research on this topic consistently increased. Globally, states have been engaged in different projects aiming at regulating that phenomenon. Because of its international character, most of, if not all, the successful initiatives were undertaken under the auspices of regional organizations. The European Union and the Organization for Economic Cooperation and Development are good examples. This paper studies the current regulation of harmful tax competition in the East African Community. It shows how the EAC has not yet developed a sufficient regulatory approach against harmful tax competition. It also reflects on the challenges thereto related and proposes some actions that EAC needs to undertake to revamp the regulatory situation of harmful tax competition. In consideration of the harmful effects of harmful tax competition, this paper instigates the EAC partner states to stop disregarding harmful tax competition and recommends adopting a Code of Conduct against harmful tax competition in the EAC.


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