| dc.description.abstract | This research takes cognizance of the fact that Regional Economic Integration which
entails the establishment of some structural conformity is an important variable in the
process of development. In following a growing trend, the East African Community was
re-created in order to achieve rigorous developmental objectives it has set for itself. To
this extent, Regional Economic integration is a complex and much debated issue among
analysts and policy makers in almost every corner of the world.
In East Africa the previously defunct East Africa Customs Union has been resurrected to
improve trade between Kenya, Tanzania and Uganda. The Republic of Rwanda and the
Republic of Burundi acceded to the EAC Treaty on 18th June 2007 and became full
Members of the Community with effect from 1st July 2007. In any renewed effort
towards integration, the emphasis ought to be laid on the integrity of the various
institutions set up to ensure the smooth operation of the organization. This paper seeks to
assess this objective, with particular reference to the East Africa Court of Justice relative
to the principle of separation of powers and respect to the rule of law.
The courts playa very important role in the interpretation of the treaty as well as settling
any disputes that may arise within the EAC. To effectively carry out their work it is
important that the rule of law and the doctrine of separation of powers are adhered to.
This is in recognition of the fact that it is necessary and desirable to surrender a certain
degree of sovereignty of states in a regional integration. The relationship between
municipal and treaty law presents the theoretical issue as a clash between dualism (or
pluralism) and monism. Both these schools of thought assume that there is a common
field in which the international and municipal legal orders can operate simultaneously in
regard to the same subject matter, and the problem then is, which is to be master? This
paper tries to answer this question and propose ways of having a sound judicial system
that will propel the East Africa Community towards successful integration. | en |
