The African Union, the African Economic Community and Africa's Regional Economic Communities: Untangling a Complex Web

Abstract

In 2007 and 2008, the African Union (AU) adopted two protocols that are significant for economic integration in Africa.These are the Protocol on the Relations between the African Union and the Regional Economic Communities [Protocol on Relations] 1 and the Protocol on the Statute of the African Court of Justice and Human Rights [Protocol on the African Court of Justice]. 2The former aims at addressing a difficult problem with Africa's economic integration, which is, the existence of multiple regional economic integration organisations with overlapping memberships, and no clear principles of co-ordination among them.The latter establishes a court with jurisdiction over issues that potentially encompass those arising under the Treaty establishing the African Economic Community [AEC Treaty]. 3 The AEC Treaty is the foundation of an attempt to create an economic community covering the whole of Africa -a continent with 53 sovereign states.If successful, the African Economic Community will be the largest economic integration organisation (in terms of membership) in the world.The adoption of the Protocol on Relations and the Protocol on the African Court of Justice provides an auspicious moment to examine a fundamental question: what is the relationship between the AU, Africa's regional economic communities (RECs) and the African Economic Community (AEC)?This is a complex question, which has so far not received any systematic examination in the discourse on Africa's economic integration. 4 Finding answers to the question and clarifying the relationship are important for the success of economic integration in Africa.This paper aims to put up this issue for serious discussion and research. II. THE AEC AND AFRICA'S RECsIn 1994, the AEC Treaty entered into force.The treaty envisages the creation of an African Economic Community over a period of thirty four years using six defined stages of