However, not much emphasis has been placed on the role of the law in the realization of regional integration. Such expansion, justified by the historical development of the traditional concept of international law, leads to the dissolution of the original mixed concept of international law. Political scholars have recognized that the process of achieving uniformity of laws is through legal integration.
35 Article 4 of the Treaty of Rome states: "The task entrusted to the community will be carried out by the following institutions: Court of Justice.
SUPREMACY OF THE EEC TREATY
In fact, the disturbances in the functioning of the Community would be much greater if the same rules did not have the same effect in different Member States. However, there has been some resistance from some Member States regarding the application of previous decisions.42 This writer's opinion is that Article 177 can be seen as a vehicle for other aspects of legal integration, such as the supremacy of Community law and the transfer of sovereignty. In Germany, there was strong resistance to the idea that Community law was supreme over national law.
The Frankfurt Administrative Court was opposed to the idea that German constitutional law should be subordinate to community law.48 This matter was referred to the Internationale Handelsgeselleschaft, which in turn referred the matter to the ECJ. The court of law strongly upheld the supremacy of community law over municipal law. The principle of supremacy must be distinguished from provisions often found in the founding treaties of communities which oblige member states to ensure the conformity of their laws with community law.
What the principle of supremacy states is that where national law is inconsistent with community law, national courts must give preference to and apply community law.50. 47 Lord Bridge stated: "The High Court now has a duty to consider and give effect to Community law and, where there is a conflict, to prefer Community law to national law." Markies declares: "The first ground was the necessity to prevent damage to the unity and effectiveness of community law."51.
LIMITED SOVEREIGNTY OF MEMBER STATES
AFRICA’S APPROACH TO REI
When it comes to REI, the political and economic aspects related to it have been extensively discussed, at the expense of the legal aspects.58 Although REI can be viewed through the lenses of politics and economics, the role that law plays is very big. important. REI consists of political and economic cooperation between African states.59 However, the basis of both would be law. 62 The primary legal framework that existed mainly related to the political concerns of the time.
The Monrovia Declaration67 of 1979 set the tone in which OAU heads of state promised to involve themselves effectively in the process of REI. The OAU member states pledged to ensure effective REI at the municipal level and continental level.68 A close examination of the Monrovia Declaration emphasizes that the pan-African leaders emphasized the need for collective efforts to achieve economic growth for the benefit of the African people to realize fully recognized. The member states of the OAU set out a two-decade plan on how economic development in Africa would be achieved.
67 Resolution NO:AHG/ST.3(XXI) Monorovia Declaration of commitment of the Heads of State and Government of the Organization of African Unity on guidelines and measures for national and collective self-reliance in the social and economic development of the establishment of a new international economic order. The arm of the law was rather underestimated when the REI agenda came into play in the 1970s, especially since the central role of law in relation to REI in Africa came ten years after the introduction of the Lagos Action Plan. All the while, Member States confirmed their ambitions through declarations and drawing up an action plan, without having the legal means to influence all of the above.
ABUJA TREATY: DELAYED RESPONSE TO REI?
This is essentially correct, but the signatories of the Abuja treaty were not the REC's, but rather different member states of the REC's. This will require that the RECs be allowed to negotiate terms that reflect their different stages of development and the pace at which they can afford to move. This is necessary so that member states and RECs can be held accountable for failure to fulfill the Abuja treaty obligations.83.
What Article 88 of the Abuja Treaty does is to merely state an aspiration that has no force and effect because there has been no direct involvement of the RECs themselves. In this regard, the need for legal integration is misdirected at the wrong parties who should see to it that continental economic integration is achieved.
RE-BIRTH OF THE MANDATE OF REGIONAL ECONOMIC INTEGRATION IN AFRICA
PROSPECTS OF LEGAL INTEGRATION IN SOUTHERN AF- RICA
SADC was formed under the Treaty Establishing the Southern African Development Community (SADC Treaty) and one of its main objectives is to achieve development across borders through REI.96 The Treaty has further provided legal integration as a means of achieving its objectives. 97 On the other hand, COMESA arose as a result of the Agreement on the Establishment of the Common Market for Eastern and Southern Africa, hereinafter referred to as (the COMESA Treaty), the main objective of which was to realize a harmonious development thus REI.98 The COMESA Treaty further provided that in economic and social development. 93 Principles of A U Constitutive Act Article 5 (a) sovereign equality and interdependence between the member states of the Union. 96 Article 5(a) of the SADC Treaty reads: "Achieve development and economic growth, alleviate poverty, improve the standard and quality of life of the people of Southern Africa and support the socially disadvantaged through regional integration".
98 Article 3(a) of the COMESEA Treaty reads: "To achieve sustainable growth and development of Member States by promoting a more balanced and harmonious development of their production and market structures.". The dominant legal cultures in southern Africa include Roman Dutch law and common law. Fullerton101 stated: Without exception in Africa, the colonies at independence adopted the legal system of the metropolis.
Therefore, just as the newly independent colonies chose to retain the languages of the metropolises for the conduct of government activities, they also retained the backward legal and other political institutions102. Britain was the dominant colonial master in southern Africa and is a dualistic country by nature. Hartley103sates: Britain has a largely unwritten constitution. Moreover, Britain's attitude to international law is strictly dualistic: there is no general rule of law that treaties take effect in the domestic legal system. 99 Article 4(6)(b) of the COMESA Treaty provides: In the field of economic and social development: harmonize or harmonize their laws to the extent necessary for the proper functioning of the common market.
INDEPENDECE OF THE JUDICIARY IN SOUTHERN AFRI- CA’S REC’S
However, with COMESA the situation is somewhat different, the Court of Justice was created as one of the institutions of the community which is independent from any other body, even from the highest authority.110 In this perspective, there is a possibility that the COMESA court of justice can ensure uniform application of law and policies emerging from the COMESA treaty without being second-guessed by a higher authority and ultimately resulting in REI. The New Protocol on the Tribunal in SADC has now limited the jurisdiction of the Tribunal to which the tribunal will have "material". 110 Article 8 of the COMESA treaty provides: "Instructions and decisions of the Authority taken or given pursuant to the provisions of this treaty, as the case may be, shall be binding on member states and on all other common market bodies. than the court in the exercise of its jurisdiction and to whom it may be referred under this treaty”.
The arm of the law cannot touch the opt-out party again; this is room for inconsistency and uncertainty, making legal integration impossible. Erasmus114 has argued that the Protocol on the Court is an integral part of the SADC Treaty and that member states cannot therefore opt out. He further states that the wording of the above provision has created confusion of the basic principle where the court has jurisdiction over all member states.115.
This marks the end of the judiciary in the SADC region, as such a move will guarantee inconsistency and uncertainties as to how the treaty will apply.116 In terms of jurisdiction, COMESA is a different story. 115 Erasmus The New Protocol for the SADC Tribunal: Jurisdictional Changes and Implications of the SADC “The Tribunal exercises its jurisdiction over all Member States, but the wording of the new Protocol casts doubt on this fundamental principle. Withdrawal should not be possible; the protocol is an integral part of the treaty.
USE OF PRELIMINARY HEARINGS
CONCLUSION
The African continent has not yet fully embraced the use of law as a means to fully realize REI. The role of the REC judiciary can never be underestimated, as it has been clearly emphasized that the ECJ was the instrument to realize REI, and so is the SADC Tribunal. If the new protocol on the tribunal were implemented, it would have meant the death of the SADC.
Erasmus G New Protocol for the SADC Tribunal: Jurisdictional Changes and Implications for SADC Community Law Stellenbosch: TRALAC. Pescatore P The law of integration: the emergence of a new phenomenon in international relations, based on the experience of the European Communities. Pitarakis J and Tridmas G Joint Dynamics of Legal and Economic Integration in the European Union 2003 EJLE 357-368.
Saurombe An analysis of economic integration in Africa with reference to the AU and the AEC 2012 SAPL 292-314. Tam D The history of the Court of Justice of the EU since its origins Verdross A On the concept of international law 1949 Am'J van Int L 435-440 International agreements. Lagos Action Plan for the Economic Development of Africa Monrovia Declaration of Commitment by the Heads of State and Government, of.
