Observing the Legal System of the Community: The Relationship Between Community and National Legal Systems Under the African Economic Community Treaty

Abstract

Economic integration has been promoted as one of the keys to the economic development
of Africa. The continent is plagued by under-development, conflicts, fragmented markets and
insignificant cross-border commercial relationships. The benefits of integration in the form of
expanded markets, enhanced competition, and factor mobility can potentially transform the
continent. Currently there are efforts towards continent-wide economic integration through the
African Economic Community (AEC). Law plays a significant role in any economic integration
effort. An examination of the treaty and protocols of the Community, however, does not reveal a
clear articulation of the role of law in the economic integration efforts of the Community even
though the treaty establishing the Community enjoins member states to observe “the” legal system
of the Community. Drawing on the legal positivist conception of a legal system and the
experiences of the European Union, this Article examines the potential for this provision not only
to situate law at the heart of the Community’s activities, but also to empower the AEC in its
relations with the member states. This Article discusses the implication of the existence of the
AEC’s legal system for the sovereignty of member states. It also explores ways to strengthen this
legal system and examines the relationship that must exist between the legal system of the
Community and the legal systems of member states.