Dispute resolution in the east African community customs union: the role of the council and the court of justice

This dissertation investigates the dispute resolution mechanism of the East African Community Customs Union, particularly the role of the Council of the East African Community and of the East African Court of Justice in the resolution of trade disputes in the region. Chapter 1 gives a background to the study, highlighting the historical foundations of the East African Community. It discusses the East African Community Customs Union, its objectives, achievements and challenges. It also states the problem that forms the subject of the research and gives an overview of existing literature. Chapter 2 identifies comparable economic bodies with effective dispute settlement mechanisms. This chapter further discusses the international standards of trade dispute resolution, vis-a-vis the mechanisms of the EAC Customs Union. Chapter 3 gives an overview of the legal framework governing trade disputes in the EAC customs Union. It also introduces the institutions tasked with the resolution of trade disputes and follows this with a detailed discussion on the various mandates, capacities and roles of these institutions in relation to the resolution of trade disputes.Chapter 4 gives an assessment of the efficiency and effectiveness of the dispute resolution mechanism of the East African Community Customs Union, highlighting the challenges that affect the East African Court of Justice and the Council in discharging their mandate. Chapter 5 concludes the dissertation by setting out the main findings and shortcomings and by making recommendations to address the shortcomings of the legal regulatory framework surrounding dispute resolution in the EAC Customs Union.