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SelectedWorks

James Thuo Gathii

Distributional Equity in Trade

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Full-Text Articles in Law

African Regional Trade Agreements As Flexible Legal Regimes, James Thuo Gathii Sep 2009

African Regional Trade Agreements As Flexible Legal Regimes, James Thuo Gathii

James Thuo Gathii

Based on the types of treaty commitments contained in African Regional Trade Agreements (RTAs) and how these RTAs are understood by their members, this article argues these RTAs are flexible legal regimes. Flexibility here refers to the following defining features of African RTAs. First, these RTAs are regarded as establishing flexible regimes of cooperation as opposed to containing rules requiring scrupulous and rigorous adherence. Second, African RTAs incorporate as a central feature the principle of variable geometry according to which different speeds towards meeting time tabled and other commitments are adopted. Third, African RTAs adopt a broad array of social, …


African Regional Trade Agreements As Flexible Legal Regimes, James Thuo Gathii Aug 2009

African Regional Trade Agreements As Flexible Legal Regimes, James Thuo Gathii

James Thuo Gathii

Based on the types of treaty commitments contained in African Regional Trade Agreements (RTAs) and how these RTAs are understood by their members, this article argues these RTAs are flexible legal regimes. Flexibility here refers to the following defining features of African RTAs. First, these RTAs are regarded as establishing flexible regimes of cooperation as opposed to containing rules requiring scrupulous and rigorous adherence. Second, African RTAs incorporate as a central feature the principle of variable geometry according to which different speeds towards meeting time tabled and other commitments are adopted. Third, African RTAs adopt a broad array of social, …