The Dynamics of Euro-African Co-operation: Being an Analysis and Exposition of Institutional, Legal and Socio-Economic Aspects of Association/Co-operation with the European Economic Community

391 Pages·1977·9.72 MB·English

by  Eric C. Djamson (auth.)

THE DYNAMICS OF
EURO-AFRICAN CO-OPERA nON
'You can playa tune of sorts on the white keys, and you can playa tune
of sorts on the black keys, but for harmony, you must use both the black
and the white.'
Dr. Aggrey of Africa
'We need not hope in order to act, nor to succeed in order to persevere.'
William of Orange
The Dynamics of
Euro-African Co-operation
Being an Analysis and Exposition of
Institutional, Legal and Socio-Economic
Aspects of Association / Co-operation
with the European Economic Community
BY
ERIC C. DJAMSON
1976
MAR TINUS NIJHOFF - THE HAGUE
To The Memory of My Parents:
L.K. Ayim v (L.E.A. Djamson) -
1st Adontenhene of Peki
Rosa Akua Meelenu of Botoku
And:
For Gladys, for immutable reasons
© 1976 by Martinus Nijhoff. The Hague, Netherlands
All rights reserved, including the right to translate or to
reproduce this book or parts thereof in any form
ISBN-13: 978-94-010-1026-9 e-ISBN-13: 978-94-010-1024-5
DOl: 10.1007/978-94-010-1024-5
TABLE OF CONTENTS
Foreword IX
Acknowledgments XI
Introduction XIII
List of Abbreviations XVII
Table of Cases XIX
para. page
I. THE EUROPEAN ECONOMIC COMMUNITY, THE ASSOCIATES AND
"ASSOCIABLES": HISTORICAL BACKGROUND AND DEVELOPMENTS 1
The Concept of Association . . . . . . . . . . . . . . . . . . . 1.1 1
The Implementing Convention . . . . . . . . . . . . . . . . 1.6 5
The First Yaounde Convention .............. . 1.7 6
Initial Impact of Association on Commonwealth African Countries 1.9 7
The Second Yaounde Convention (Convention of Association) 1.10 8
The Content of the Convention of Association 1.11 9
Trade ......................... . 1.12 10
Financial and Technical Co-operation .......... . 1.17 16
Right of Establishment, Services, Payments, Movement of Capital 1.20 18
The Institutions of Association .... . 1.22 21
General and Final Provisions, etc. . ............ . 1.23 21
The Enlarged Community and Its Repercussions . . . . . . . . . . 1.24 22
Beginning of Negotiations between the Community and the Mrican,
Caribbean and Pacific (ACP) States ............ . 1.27 25
II. INSTITUTIONAL PROVISIONS 28
Comparative Analysis of Institutional Provisions of the Yaounde Conven-
tions ............ . 2.1 28
The Association Council ........ . 2.5 31
Members of the Association Council 2.6 32
Powers and Functions of the Association Council 2.7 33
Trade ................. . 2.8 33
Financial and Technical Co-operation . . . . . . . . . . 2.10 37
Right of Establishment, Services, Payments, Movement of Capital,
etc. . .......................... . 2.13 39
VI TABLE OF CONTENTS
Quasi-judicial Functions 2.14 39
Miscellaneous Functions 2.16 42
The Association Committee 2.20 45
Parliamentary Conference . . 2.21 47
Members of the Parliamentary Conference 2.22 49
Functions and Powers of the Parliamentary Conference 2.23 50
Court of Arbitration ...... . 2.25 53
Members of the Court of Arbitration 2.27 55
Jurisdiction of the Court 2.29 56
Access to the Court 2.31 58
Proceedings before the Court 2.32 59
Powers of the Court 2.34 61
Miscellaneous Provisions 2.35 62
III. A HISTORICAL STUDY OF CERTAIN PROVISIONS OF THE YAOUNDE II
CONVENTION AS A BASIS FOR INTERPRETATION OF THE ACP-EEC
CONVENTION OF LOME 63
Legal Basis of Association 3.2 63
Is There an "Association Law"? 3.10 73
Conclusions 3.12 78
Does the Association Have International Status? 3.13 78
Conclusions 3.29 103
On the Question of Sovereignty 3.37 108
Conclusions 3.41 114
Some Jurisdictional Issues 3.42 116
Miscellaneous Private International Law Questions 3.43 118
On the Choice of Law 3.44 118
The Law Governing Contracts of Employment of Association
Servants 3.45 121
The Attitude of Municipal Courts to Questions of Jurisdictional
Immunity 3.46 123
The Association and Immovable Property 3.47 125
The Proper Law of Association Contracts 3.48 126
Legal Questions relating to Proceedings in Municipal Courts 3.49 129
Venue 3.50 130
Application of Adjective Law by Municipal Courts 3.51 131
Security for Costs 3.52 i32
Discovery of Documents and Interrogatories 3.53 133
Execution of Judgments 3.54. 134
Voting Procedures 3.55 135
The General Principles of Law Recognised by "Civilised Nations" and the
Evolution of "Association Law" 3.56 139
The General Principles of Law 3.57 140
The Principle of Good Faith and Pacta Sunt Servanda 3.59 143
The Principle of Self-Preservation 3.67 153
Judicial Proceedings 3.68 154
The Principle of Res Judicata 3.71 159
Conclusions 3.72 160
The General Principles of Law in Mrican Customary Law and Other
Systems 3.74 163
General Observations 3.74 163
Contractual Relationships in African Customary Law 3.86 180
TABLE OF CONTENTS VII
Elements of African Customary Law of Contract 3.87 182
Types of Contract in African Customary Law . . 3.90 187
Remedies ................. . 3.91 189
Conceptions in the Law of Contract ............. . 3.92 190
Principles of Injury. Liability and Responsibility in African Custo-
mary Law ......... . 3.93 192
Procedure in the Traditional Courts 3.96 198
Other Systems of Law 3.97 201
Conclusions -I . 3.98 203
Conclusions -II ..... 3.100 209
Conclusions -III . . . . . 3.101 211
The General Principles of Law recognised by Member States and
Associated States? 3.102 213
Conclusions . . . . . . . . . . . . . 3.122 237
IV. POLITICAL AND ECONOMIC CONSIDERATIONS AND THEIR LEGAL
240
EFFECTS
General Observations . . . . . . . . . . . . . . . . . . . . . 4.1 240
Africa and the National Territorial State ........... . 4.3 242
Berlin Conferences (1884-85) compared with the Brussels Conferen-
ces (1973-75) ....................... . 4.8 249
Reflections on the Negotiations between the Enlarged EEC and African,
Caribbean and Pacific (ACP) States " . 4.16 255
Financial and Technical Co-operation 4.16 255
Trade ........... . 4.21 259
Stabilization of Export Earnings . 4.23 261
Agriculture ......... . 4.24 264
Future Perspectives ..... . 4.27 267
Reciprocity or Reverse Preferences 4.29 270
Industrial Co-operation . . . . . 4.32 273
Banking and Related Problems . . 4.35 276
European Investment Bank Loans to Associated States 4.39 281
The Association and the International Monetary Fund 4.44 285
Problems of Exchange Control 4.45 287
Conclusions . . . . . . . . . . . . . . . . . . . 4.47 289
V. THE ACP-EEC CONVENTION OF LOME 292
General Observations . . . . . . . . . . . 5.1 292
Title I -Trade . . . . . . . . . . . . . . 5.2 293
Title II -Export Earnings from Commodities 5.3 294
Title III -Industrial Co-operation . . . . . . 5.4 294
Title IV -Financial and Technical Co-operation . . . . . . . . . 5.5 295
Title V -Provisions relating to Establishment, Services, Payments and
Capital Movements . . . . . . . . 5.6 296
Title VI -Institutions . . . . . . . . 5.7 297
Title VII -General and Final Provisions 5.8 298
VIII TABLE OF CONTENTS
VI. GENERAL CONCLUSIONS .........•...... 6.1 299
Appendix: Synoptic Information on the ACP States which
Negotiated the ACP-EEC Convention of Lome with the En
larged European Economic Community 319
African States . 321
Caribbean States 345
Pacific States 351
Selected Bibliography 355
Index of Cases 361
Subject Index . 364
FOREWORD
Dr. E.C. Djamson, a distinguished Ghanaian Lawyer and Diplomat, has put
political scientists and students of international law into his debt. His work
is an important contribution to the literature of Afro-European co
operation. He examines the history of relations between the European
Economic Community and the Associated African States; he provides a
thorough analysis of the international institutions and of the wider political,
economic and legal problems involved in Afro-European co-operation. The
author is concerned with the manner in which African sovereign states are
now able to enter into relations with Europe on a basis of legal equality. He
emphasizes the principles involved in the law of nations; this should
comprise, not merely "civilized" law in traditional parlance, but also
Mrican customary law. As Dr. Djamson puts it, "the international
community can no longer afford to ignore the principles of law peculiar to
the so-called Third World ... after all the 'general principles of law
recognized by civilized nations' are not at variance with the basic ideas of
law andjustice as understood by the newcomers to the international scene."
At the same time, both the new states and the old, established powers must
accept those obligations that derive from their being signatories to
international agreement. Adherence to the principle of pacta sunt obser
vanda does not violate sovereignty, but of itself gives evidence of a
country's maturity and ability to co-exist with other sovereign entities.
Dr. Djamson is likewise much preoccupied with the problems derived
from the transfer of technology from the developed to the Third World
countries. He emphasizes that the Third World, especially the African
states, should not be regarded as eternal recipients of foreign aid, but as
partners in a common endeavor.
To make this possible, more Europeans should invest more available
capital in the developing countries; the recipients in turn have a need to
build up basic utilities, new industries, infrastructures, improve their
educational system, and provide encouragement for managerial skill and
x
FOREWORD
entrepreneurship. There is also need for institutional change. For instance,
Dr. Djamson considers that in most "Associated States" existing land
tenure systems have contributed to economic stagnation. These states
should reform their land tenure systems in such a manner as to make it easy
"for the adventurous to undertake large-scale and purposeful exploitation of
the land". At the same time, the Associated States should encourage
regional co-operation between themselves and avoid parochial squabbles.
The ultimate object should be self-reliance on the part of the developing
countries and improvements in the international division of labor that will
benefit the world at large.
Some of the author's political conclusions will be regarded as controver
sial by those Westerners who wrap their ethnocentric preconceptions in a
progressive phraseology. Dr. Djamson holds that "African chieftaincies
with their traditional conception of government have in the past played an
important role in shaping the destinies of their peoples". The earlier
post-independence constitutions in Africa did not last because they were not
in touch with grassroot traditions in Africa. Politicians and academics alike
would do well to place more stress on the adaptation of African institutions
to modern needs, instead of spending their time analyzing the suitability of
foreign ideologies.
The author is to be congratulated on his pioneer study. It is to be hoped
that policy-makers will benefit from his experience and judgment.
L.H. GANN,
Hoover Institution,
Stanford University,
California, U.S.A.