EAN: 9783960671589

LEGAL RECEPTION AND REGIONAL ECONOMIC INTEGRATI...

The dire African economic situation has been a perennial problem for the past six decades. Many
problems emanate from slow economic growth  such as poverty and unemployment. There is a need
for a collective effort to ensure economic growth  which would be the most viable solution to
these problems  and the key to such a collective effort is regional economic integration (REI).
This study examines REI within the legal context. It tests the proposition that the law can be
used as a means to achieving REI. At the heart of this proposition lies the legal challenge
that comes with the different approaches to legal reception and how they impede the realisation
of REI. An analysis is performed of the theories related to legal reception  which include the
monist  the dualist and the hybrid theories. REI was embraced in Europe and has yielded
fruitful results. There is no doubt that the collective efforts to realise economic growth in
other continents stem from the inspiration of the European example. Europe is used in this
study to illustrate how the obstacles that accompany the different approaches to legal
reception may be superseded. The study examines how the law was used in Europe as a means to
attain REI. An attempt is then made to understand REI from an African perspective by setting
out the legal framework and its shortcomings. Attention is paid to Africa's sub-region of
Southern Africa  and the study examines legal reception within Southern Africa and how the
different approaches to legal reception within the two RECs  the SADC and COMESA  impact upon
the realisation of REI. It seeks to evaluate the possibility that the African continent 
particularly Southern Africa  may be able to use the law to attain REI. A further analysis is
made by examining South Africa's approach to legal reception and how this impacts on the
realisation of REI.

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