Font Size: a A A

Research On African Legal Regionalization In The Context Of Globalization

Posted on:2009-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y PengFull Text:PDF
GTID:2166360245490268Subject:Legal history
Abstract/Summary:PDF Full Text Request
Since in the 1960s and 1970s of 20th century, globalization has been the current world trend of development. With trade liberalization, internationalization of production and facilitate international exchanges, world economic relations, political relations, cultural communication, legislature and many other areas of development transcend national borders, international exchange becomes more closely and extensively. With the development of the world economy and technology this trend becomes more prominent and deeply effects every member of the global village, including African countries. As for African countries globalization is a developing opportunity, but more a strong challenge. Realizing that escaping globalization will be more marginalized and passive, African countries actively seek regional cooperation to gain the power for cooperation and survival. So in the middle and late 20th century, regional integration from thinking to practice in the African continent continue to rise and become an important contemporary African developing trends. With the prosperity of regional integration in Africa, legal regionalization becomes the historical choice of African countries. It reflects the legal requirement of regional integration in Africa, because to meet the regional integration objectives, the law of regional community needs to be more harmonized and unified. It is a reasonable choice of Africa countries under external pressure of legal globalization, because regionalization of law is a helpful bridge for Africa to take part in legal globalization. It is also an objective demand of the overall development of Africa legal culture, because existence of a considerable degree of university and similarity in African legal culture itself. In short, regionalization of law in Africa is a new breakthrough and progress of African law in the context of globalization. Legal regionalization in Africa has its own developing rule, such as it is embodied in certain areas, certain geographical areas, and there are different levels of legal regionalization. African regional organizations make law for organizations, establish a regional political and legal institutions, which constitute the core of the legal regionalization. In the field of civil and commercial matters"Organization for the Harmonization of Business Law in Africa"is an outstanding representatives of harmonization of Business Law in Africa, Regional trade agreements are also playing their role in sub-regional area. Africa establishes its regional system of protecting human rights suitable for itself, and seek to strengthen its importance by judicial means. In the field of maintaining peace and protecting environment there is regional legal cooperation. While achieving certain success, on the road of African legal regionalization there are still some obstacles and difficulties, such as African economic level of regional integration is low, difficulty to balance national interests and transfer sovereignty, war and political instability constraint regional cooperation, the lack of unity and stability in legal order of the rule of law, difficulty in enforcement of regional law, lack legal talent with comprehensive ability, need to overcome language barrier and so on. Therefore, it is a long road with heavy tasks for regionalization of law in Africa.
Keywords/Search Tags:globalization, regionalization of Africa, African legal regionalization, legal globalization, regional organization
PDF Full Text Request
Related items