ACJ UPHOLDS DISPUTE SETTLEMENT MECHANISMS UNDER CUSTOMS UNION, COMMON

East African Community

 

EACJ UPHOLDS DISPUTE SETTLEMENT MECHANISMS UNDER CUSTOMS UNION, COMMON
MARKET PROTOCOLS

 

14^TH February 2013 Arusha, Tanzania : The EACJ (First Instance Division) delivered a judgment in which the East Africa Law Society had filed a Reference seeking declaratory orders that Article 24 of the Protocol on the Establishment of the EAC Customs Union (which establishes the EAC Trade Remedies Committee to handle matters pertaining to rules of origin, anti-dumping, subsidies and countervailing measures and safeguard measures ) and Article 54 of the Protocol on the Establishment of the EAC Common Market (which provides inter alia that national constitutions , laws and administrative procedures, and competent national authorities shall handle disputes under the Common Market) are inconsistent with the Treaty for the Establishment of the East African Community.

 

In its judgment ,  the Court stated that it has jurisdiction to interpret disputes arising out of the Customs Union and Common Market protocols since these protocols are annexes and integral parts of the Treaty . The Court however decided that the dispute settlement mechanisms created under the Customs Union Protocol and the Common Market Protocol do not exclude, oust or infringe upon its interpretative jurisdiction and that the impugned provisions (Article 24 of the Customs Union Protocol and Article 54 of the Common Market Protocol) are not in contravention of or in contradiction with the relevant provisions of the Treaty.

 

The East Africa Law Society was represented by Prof Frederick Ssempebwa, Mr Richard Onsogo and Mr Humphrey Mtuy. The Counsel to the East African Community, Hon Wilbert T.K.Kaahwa represented the Secretary General who was the Respondent in the Reference.

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