The WTO Consistency of Inclusion of Trade Remedy provisions within the East Africa Community Customs Union.

Abstract

Recent Developments on Trade Remedy Regimes have sought to challenge the consistency of Customs Unions and Free Trade Areas establishing trade remedy laws of their own. Various Scholars both, economist and legal have produced literature claiming that trade remedies under Customs Unions established in Article XXIV of the GATT 1994 is inconsistent with the object and purpose of the GATT on trade remedies in general. Recently very few customs unions in Africa have developed various trade remedy laws to govern and regulate trade within their territories. One of these customs union is the East African Community (EAC). In this study, we will seek to prove the consistency of the trade remedy provisions within the Protocol Establishing the EAC Customs Union through studying the effects of the execution of the laws amongst the Member States of the EAC. The study will concentrate on studying the compliance of the EAC Customs Union trade remedy provisions with the WTO.