The role of African Union law in integrating Africa

Abstract

This article traces how the development of regional law is linked to the state of regional integration in Africa. Given the prominent role European Union law plays in the functioning of the European Union, the question is posed whether there is similar scope for the development of 'African Union law', a term not established hitherto.Initially devoid from the necessary supranational elements required to adopt law that would automatically bind member states, the African Union is leaning towards a functionalist approach paving the way for transfer of sovereign powers to African Union institutions. It is argued that law-making capacity, be it through the activities of the Pan-African Parliament, the Peace and Security Council or the African court system are necessary requirements to accelerate the process of regional integration.African Union law will hold member states accountable to comply with international and continentally agreed standards on, inter alia, democracy, good governance and human rights.

Overview on the African Regional Processes

“…Africa can draw inspiration from Europe as it charts its path toward economic regional integration. The disparities in economic development across regions, a challenge faced by both continents, can be addressed by learning from Europe's experiences (Olivier, 2015). Despite setbacks such as the Eurozone crisis and uncertainties within the EU, Europe has persevered in its integration efforts (Laurent, Mignolet & Meunier, 2009).…”

“…The comparison between the AU and the EU reveals institutional differences and distinct historical integration experiences. Africa's initial emphasis on strong sovereign states hindered the progress toward deeper integration, much like the challenges faced by certain European countries before joining the EU (Olivier, 2015). The need for trust, com-mitment of resources, and the willingness to share decision-making are crucial for successful integration.…”

Challenges of Applying the Comparability Analysis in Curtailing Transfer Pricing: Evaluating the Suitability of Some Alternative Approaches in Africa

“…199 However, in 2011 the fixed ratio was repealed and SARS Practice Note 2 was withdrawn. 200 South Africa amended its transfer pricing provisions in Section 31 of its Income Tax Act, so that the ALP applies to both transfer pricing and thin capitalization to ensure consistency with international trends and to minimize the scope for interpretational difficulties domestically and under tax treaties. 201 The removal of the fixed ratio has however been criticized for leaving a vacuum, as there are now no set parameters as to exactly how excessive financial assistance is to be determined.…”

Punching above Weight: How the African Union Commission Exercises Agency in Politics

“…The prevailing view is that the pan-African organisation is primarily an intergovernmental body (for claims that the AU is mainly an intergovernmental body, see Forbacha, 2020; Touray, 2017; Welz, 2020). It is widely seen by the public, discussed in popular media, and conceptualised by many experts as an intergovernmental body (Muchie et al, 2013; Olivier, 2015; Welz, 2020). As Olivier (2015: 214) put it, “the AU and its predecessor, the Organization of African Unity (OAU), have been classified as interstate as opposed to supranational by commentators.” Welz (2020: 161) takes this realist-inspired approach to the AU further by conceptualising African governments “as principals and the AU bureaucracy – the AU Commission in particular – as the agent.”…”