Regional Developmentalism

We are thrilled to announce the second edition of the Afronomicslaw Academic Forum Conference, following the tremendous success of our inaugural event.

A proper assessment of Rudahindwa’s monograph on the subject of establishing the African Economic Community (AEC) is one that cannot exclude the currents of ongoing reform efforts and the extent to which they are able to move the continent faster towards the dream of achieving the AEC. This invariably raises some methodological questions that border on multidisciplinary approach to regionalism, and the issue of context. The author highlights these two imperatives in the monograph. By using the concept of “developmental regionalism” as an analytical prism, the author situates the discussion within a multidisciplinary paradigm.

Jonathan Bashi Rudahindwa’s monograph on regionalism in Africa is a timely addition to the literature on the topic. His focus is primarily on the creation of the African Economic Community (AEC). Created by treaty in 1991 the AEC lays down a path for Africa to follow towards the creation of an African common market. This is to be done in stages culminating in an economic and monetary union.  The AEC thus seems to be a critical landmark in the evolution towards African economic unification.

The book traces the evolution of regionalism and regional integration on the continent, from the Organization of African Unity through to the African Union but, unlike earlier treatises on regionalism, Bashi Rudahindwa rightly places emphasis on the role of the legal framework. He draws comparisons with other regional economic integration projects: the North American Free Trade Agreement (NAFTA), the Common Market of the Southern Cone (MERCOSUR), the Association of South East Asian Nations (ASEAN), and the European Union (EU), to argue for greater emphasis in the AU on capacity building, and the need to utilize law to support regulatory and institutional frameworks to facilitate trade and industrialization, and interventionist measures aimed at promoting structural transformation.

The hallmark of Jonathan Bashi’s masterful analysis of the uniquely multifarious and variegated processes which set Africa apart from all other regional integration theatres (the Americas, Europe, Southeast Asia) is its lucidity. His organising concept of ‘regional developmentalism through law’ as distinct from regionalism per se or regional economic integration is a genial critical and discursive move.  It effectively critiques and corrects the concealed neoliberalism of integrationist discourse by 1) restoring the means-end relationship of regionalism to development, and 2) foregrounding the centrality and polyvalence of law as mechanism. For Bashi, the role of rules is not to serve markets, but to fashion, construct, and condition them.

Rudahindwa’s contribution lies in his articulation of the need for institutions and legal frameworks to reflect these multiple objectives of African RECs. In this regard, he ably demonstrates how the specific objectives of NAFTA, ASEAN, MERCOSUR and the EU have informed the nature of the institutions that manage their respective organisations and their legal frameworks, including how they address issues such as the relationship between the laws of the organisations and their member states, the bindingness of agreed commitments and laws, and dispute settlement.

The book provides a study of regionalism in the context of Africa and investigates the various ways in which law can be used to address the particular issues raised by regional schemes across the continent. Given the relatively slow pace and the apparent failure which seem to have characterised regional initiatives in Africa to date, this study is intended to contribute to the search for effective methods to ensure the success of those initiatives. This is conducted through the contemplation of the role that law can play to help achieve the various objectives assigned to regional schemes in the context of the Treaty of Abuja.

The book is centered on the thesis that "Regional Developmentalism is the most suitable conceptual framework to support the effective establishment of an African Economic Community.” The African Economic Community is the continental trading system contemplated by the 1991 Abuja Treaty. Some have argued the African Continental Free Trade Agreement fulfills the free trade integration stage contemplated by the Abuja Treaty.