D3H1MK Law Courts, Nairobi, Kenya

The Legal Effect of Rendezvous Clause in the East African Community- European Union Economic Partnership Agreement

This paper explores the legal effect of the rendezvous clause in the East African Community and the European Union Economic partnership Agreement. In particular, the article scrutinizes the binding force of the clause and the likely obligation it will impose on the state parties (a pactum de negotiando or a pactum de contrahendo). The paper also highlights the World Trade Organization’s legal framework in relation to future agreements in the areas covered by the
rendezvous clause, especially trade in services. Finally, the paper examines the possible implication of the application of the rendezvous clause’s obligations on the trade in services within the EAC.

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Ceding Sovereign Powers of the Partner States to the East African Community – A Viable Integration Model?

As a result of the changing nature of public international law, state sovereignty is increasingly becoming limited in the interests of the broader international community. The central thesis of this paper is that the East African Community Treaty, 1999 envisages the ceding of sovereignty by Partner States to the Community organs, though implicitly. It posits that the integration model adopted by the East African Community (EAC) is rather sceptical compared to other
regional blocs whose provisions on pooling of the sovereignty are explicit. The paper thus addresses the legal aspects of transfer of sovereign power and its implications for the growing importance of regional economic integration. It
suggests that the commitment to the EAC integration process not only requires the explicit inclusion of elements of ceding sovereignty to the Community in order to facilitate the integration process but also the political will of the Partner States to abide by the decisions resulting from the powers so ceded.