PhD Theses

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Browsing PhD Theses by Author "Kibola, Hamisi Said"

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    Implementation of ACP/EEC conventions of lome focussing on the trade cooperation and stabex: limits on the contractual approach to development cooperation,
    (University of Dar es Salaam, 1989) Kibola, Hamisi Said
    This is a study of legal and associated issues of development cooperation between EEC and ACP countries. The thesis argues that although the Lome Coventions are contractual engagements, their implementation has been a mixed record. There are some important areas of cooperation in respect of which the conventions have not provided the much needed legal security to the ACP`s. The study is divided into five parts of two chapters each as follows: Part I outlines the background to ACP/EEC relations and projects preliminary considerations as well as framework of analysis applied in the thesis. Chapter I shows that the evolution of relations between the two groups of countries has been dynamic. Thus it has evolved from the colonial association context to the Yaounde Coventions and finally the comprehensive cooperation system in Lome. Chapter two underscores the contractual aspects of ACP/EEC cooperation in distinction to the most commonly used instrument of development cooperation - the resolution. Contractual cooperation is presented as legally more stable than resolutions. This hypothesis is more developed and tested through the study. Part II deals with general Legal aspects of the Lome Convendons and covers some specific areas of ACP/EEC cooperation. Chapter three outlines considerations relating to the Contracting Parties, specific features of the conventions , theoretical aspects concerning legal characterisation of the conventions and finally examines the relation between Lome and other relevant international economic engagements. Based on that the legal characteristics of various areas of ACP/EEC cooperation are not uniform, chapter four outlines same of them. The areas covered are; industrial, financial and technical cooperation, institutions of cooperation investments promotion as well as human rights issues. Finally, some peculiar characteristics of Lome III are pointed out. Part III covers one of the core areas of this study - trade cooperation. Chapter five makes an analysis of the Iegal regime of examines ACP/EEC trade expansion possibilities and reviews actual trends of ACP/EEC trade. The conclusion derived is that in spite of liberal trade access provisions of the Lome Conventions, ACP trade has not increased and that on the contrary, ACP share of the Community market has contracted. To relate various aspects of this problem, implementation of ACP/ EEC trade is examined in chapter six. Controversial areas of ACP/EEC trade including; impact of the Common Agricultural Policy, erosion of ACP preferences by most Favoured Nation and GSP rates, origin system, safeguard measures as well as sanitary and phytosanitary regulation s are covered. Part IV examines the system for stabilisation of ACP export earnings . Chapter seven tackles the stabex system for agricultural products detailing the background, various operating rules, role of the Commission of European Communities and financing obligations of the Community. Problems that have emerged on implementing stabex are appraised. The stabex system for minerals is a subject of analysis in chapter eight. Chapter nine covers the system for guaranteed prices of agreed quantities of ACP sugar and brings out problems concerning price fixing as well as those arising out of ACP failure to supply agreed quantities of sugar to the Community . Part V is the final part. It relates problems centred on dispute settlement as well as enforcement of the ACP/EEC conventions. Chapter ten examines dispute settlement provisions and shows that although arbitration has been provided for, the main instrument used is that of negotiation within the ACP/EEC Council of Ministers. the major theme emerging is that as an economically stronger partner, the Community had dominated decision making. the status of Lome Coventions in the Community legal order and its implications to their enforcement is thereafter covered. The concluding chapter summarizes the main findings of the study and outlines the critical factors which have determined the relative effectiveness and /or limitations of the contractual cooperation system in Lome. It projects the future dimensions of ACP/EEC cooperation as the two groups of countries move towards Lome IV and finally makes suggestions on various initiatives to be undertaken which could be useful in enhancing the effectiveness of the ACP/EEC cooperation system.