The Cotonou Agreement

Kinyanjui, Boniface Macharia

The Cotonou Agreement

A stimulus to African, Caribbean and Pacific (ACP) Economic Renaissance

von Boniface Macharia Kinyanjui (Autor:in)

BWL - Handel und Distribution

Zusammenfassung

Inhaltsangabe:Abstract:
This masters thesis discusses the recently concluded treaty between the African, Caribbean and Pacific (ACP) countries on the one hand and the European Union (EU) on the other. This Agreement having signed in Cotonou, Benin, is known as the Cotonou Agreement. The Cotonou Agreement is the latest in a series of conventions between the two parties that have their genesis in the late 1950s.
The primary goal of this work was to find out to what extent, if at all, the newly signed Agreement is likely to contribute to the economic renaissance of the ACP countries. In so doing it traces development of the ACP-EU conventions right from their very beginning. The performance of the relationship to date is examined with a view to determining whether the lessons learnt therefrom have been incorporated in the new Agreement. There is a detailed analysis of the trade and aid provisions of the Cotonou Agreement. Apart from the economic provisions, other major provisions and developments of the ACP-EU Conventions are discussed with a view to providing a wholesome picture.

Inhaltsverzeichnis:Table of Contents:
Abbreviationsiv
Table oftreatiesvi
Table ofcasesviii
1.Introduction1
2.Historical antecedents of the Cotonou Agreement3
2.1The early associational arrangements3
2.1.1Overseas Countries and Territories3
2.1.2Yaounde I6
2.1.3Yaounde II7
2.1.4The Lagos and Arusha Conventions8
2.2The Lome Conventions9
2.2.1Lome I9
2.2.2Lome II12
2.2.3Lome III13
2.2.4Lome IV14
2.2.5RevisedLome IV16
2.3Evaluation of the economic impact of the Lome Conventions to date19
2.3.1Introduction20
2.3.2Extra Lome Convention constraints22
2.3.3Lome Convention constraints23
3.The GreenPaper27
4.The Cotonou Agreement29
4.1Introduction29
4.2The novel commercial framework32
4.2.1Trade Preferences32
4.2.1.1Non-reciprocal trade preferences33
4.2.1.2Conformity with WTO rules37
4.2.2New trade agreements43
4.2.3Regional integration46
4.2.4Rules of origin50
4.2.5The commodity protocols52
4.2.6Trade in services and trade related areas53
4.3Financial co-operation55
4.3.1Development finance co-operation55
4.3.2STABEX / SYSMIN57
4.3.3ACP countriesdebt59
4.3.4Private sector support60
5.Conclusion62
Bibliography66

Leseprobe

Inhaltsverzeichnis

ID 4193

Boniface Macharia Kinyanjui

The Cotonou Agreement

A stimulus to African, Caribbean and Pacific (ACP)

Economic Renaissance

Diplomarbeit

an der Universität Bremen

Fachbereich Rechtswissenschaft

Mai 2001 Abgabe

ID 4193

Kinyanjui, Boniface Macharia: The Cotonou Agreement: A stimulus to African, Caribbean and

Pacific (ACP) Economic Renaissance / Boniface Macharia Kinyanjui -

Hamburg: Diplomica GmbH, 2001

Zugl.: Bremen, Universität, Diplom, 2001

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TABLE OF CONTENTS

Abbreviations iv

Table of treaties vi

Table of cases viii

1.0

Introduction

2.0

Historical antecedents of the Cotonou Agreement

2.1

The early associational arrangements

2.1.1

Overseas Countries and Territories

2.1.2 Yaounde

2.1.3 Yaounde

2.1.4

The Lagos and Arusha Conventions

2.2

The Lome Conventions

2.2.1 Lome

2.2.2 Lome

2.2.3 Lome

III 13

2.2.4 Lome

2.2.5

Revised Lome IV

2.3

Evaluation of the economic impact of the Lome Conventions

to date

2.3.1 Introduction

2.3.2

Extra Lome Convention constraints

2.3.3

Lome Convention constraints

3.0

The Green Paper

4.0

The Cotonou Agreement

4.1 Introduction

4.2

The novel commercial framework

4.2.1

Trade Preferences

4.2.1.1 Non-reciprocal trade preferences

4.2.1.2 Conformity with WTO rules

4.2.2

New trade agreements

4.2.3 Regional

integration

4.2.4

Rules of origin

4.2.5

The commodity protocols

4.2.6

Trade in services and trade related areas

iii

4.3

Financial co-operation

4.3.1

Development finance co-operation

4.3.2

STABEX / SYSMIN

4.3.3

ACP countries' debt

4.3.4

Private sector support

5.0

Conclusion

Bibliography 66

ABBREVIATIONS

AASM

Associated African States and Madagascar

AIDS

Acquired Immune Deficiency Syndrome

ACP

African, Caribbean and Pacific countries

BLNS states Botswana, Lesotho, Namibia and Swaziland

CAP

Common Agricultural Policy

CARICOM Caribbean

Community

CDE

Centre for the Development of Enterprise

CDI

Centre for the Development of Industry

COMESA

Common Market for Eastern and Southern Africa

CSS

Country Support Strategy

CTA

Centre for the Development of Agriculture

DSB

Dispute Settlement Body

EAC

East African Community

EBA

Everything But Arms

ECSC

European Coal and Steel Community

EC European

Community

ECOWAS

Economic Community of West African States

ECU

European Currency Unit

ed.

Editor

EDC

European Defence Community

EDF

European Development Fund

EEC

European Economic Community

EIB

European Investment Bank

EPC

European Political Community

EU European

Union

EUA

European Unit of Account

EUR Euro

EUROTOM European Atomic Energy Community

FDI

Foreign Direct Investment

FIC

Forum Island Countries

FTA

Free Trade Area

GATS

General Agreement on Trade in Services

GATT

General Agreement on Tariffs and Trade

GDP

Gross Domestic Product

GSP

Generalised System of Preferences

HIPC

Heavily Indebted Poor Countries

ICA

International Commodity Agreement

ICJ

International Court of Justice

LDC

Least Developed Country

LDLIC

Least Developed, Landlocked and Island Countries

MFA

Most Favoured Nation

NGO

Non-Governmental Organisation

NIEO

New International Economic Order

NIP

National Indicative Programme

OCT

Overseas Countries and Territories

OEEC

Organisation for European Economic Co-operation

OPEC

Organisation of Petroleum Exporting Countries

Pg. Page

REPA

Regional Economic Partnership Agreement

SACU

Southern African Customs Union

SADC

Southern African Development Community

SAP

Structural Adjustment Programme

SEFTA

South Africa - European Union Free Trade Area

SME

Small and Medium Size Enterprises

STABEX

System for the Stabilisation of Export Earnings

SYSMIN

System for Stabilising Minerals

TDCA

Trade, Development and Co-operation Agreement (South Africa-EU)

TRIPS

Agreement on Trade Related Aspects of Intellectual Property Rights

u/a

Unit of account

Unavail. Unavailable

USA

United States of America

UNCTAD

United Nations Conference on Trade and Development

WAEMU

West African Economic and Monetary Union

WTO

World Trade Organisation

TABLE OF TREATIES

ACP-EEC Convention of Lome (Lome I)

The second ACP- EEC Convention (Lome II)

The third ACP- EEC Convention (Lome III)

The fourth ACP-EEC Convention ( Lome IV)

Agreement Amending the fourth ACP-EEC Convention (Revised Lome IV)

ACP EU Partnership Agreement (Cotonou Agreement)

Agreement on Trade Related Aspects of Intellectual Property Rights

Arusha (Kenya, Tanzania, Uganda EEC) Convention

Caribbean Community Treaty

Common Market for Eastern and Southern Africa Treaty

East African Community Treaty

European Atomic Energy Community Treaty

European Coal and Steel Community Treaty

Economic Community of West African States Treaty

European Defence Community Treaty

European Economic Community Treaty

European Political Community Treaty

Forum Island Countries Treaty

General Agreement on Trade in Services

General Agreement on Tariffs and Trade

Georgetown Agreement

Lagos (Nigeria-EEC) Convention

Maastricht Treaty

Organisation for European Economic Co-operation Treaty

Organisation of Petroleum Exporting Countries Treaty

Southern African Customs Union Treaty

Southern African Development Community Treaty

Trade, Development and Co-operation Agreement (South Africa-EU)

Treaty of Accession (United Kingdom to EEC)

Treaty of Amsterdam

West African Economic and Monetary Union Treaty

World Trade Organisation Agreement

vii

Yaounde (AASM-EEC) Convention

Second Yaounde (AASM-EEC) Convention

viii

TABLE OF CASES

Chiquita Italia Case C-469/93 (1995) ECR I-4533

Germany V Council Case 280/93 (1994) ECR I-4973

Nicaragua V United States (1986) ICJ Reports at pg. 138

Somalfruit SpA and Camar SpA V Ministero delle Finanze and Ministero del Commercio

con L"Estero Case C- 369/95 (1995) ECR at pg. I-6619

"... in terms of its operation, the world market

like any other , includes its share of "market

failures ".In the absence of appropriate corrective

measures such as aid and support policies, certain

countries will never resurface. They go under, fall

into arrears, and are unable to achieve the critical

threshold necessary for them to reintegrate into the

world system. Such countries may cause the region

in which they are located to become seriously

dysfunctional, giving rise to tension, conflict and

unwanted immigration, so it is in the international

community "s interest to co-operate with them..."

Jerome Vignon

1.0 INTRODUCTION

The signing of the Cotonou Agreement

on the 23

of June 2000 was the culmination of more

than four decades of development co-operation

between the precursors of what are now the

European Union

(hereinafter EU) and the African Caribbean and Pacific countries

(hereinafter ACP countries) . This co-operation between the two parties over the mentioned

period has not developed in isolation but has by and large mirrored the prevailing issues of the

day.

These issues have included independence of the former European colonies

, the North-

South debates of the 1970s whose main demands of the global South were embodied in the

New International Economic Order

(hereinafter NIEO), the African food crisis of the 1980s

, the end of the Cold War

, the completion of the European Common Market

and currently

the thrust towards trade liberalisation and globalisation.

The membership of both parties has

The African, Caribbean and Pacific Countries European Union Partnership Agreement signed in Cotonou,

Benin on the 23

of June 2000. Reprinted in the ACP-EU Courier, Special issue, September 2000, at pg. 1

(yellow pages) ; N.B. The Cotonou Agreement will enter into force on ratification, See Art. 93 thereof.

The Treaty of Rome signed on 25

March 1957 made provision for association of Overseas Countries and

Territories (OCTs) of the embryonic European Community. David, Dominique, "40 years of Europe- ACP

relationship", in the Courier, supra note 1, at pg. 11 ( white pages)

The EU has evolved over time from the original three treaties viz. the European Coal and Steel Community

(ECSC) signed in 1951 (implemented 1958) , also known as the treaty of Paris, the European Economic

Community (EEC) signed on the 25

of March 1957 (came into force 1

January 1958) , also known as the

treaty of Rome and finally the European Atomic Energy Community (EUROTOM). See for instance

Olukoshi, Adebayo ; Idris, Aminu, "Europe 1992: What Implications for Nigeria "s Economic Diplomacy",

in Nigerian Journal of International Affairs, vol. 17, No. 2, 1991, at pg. 157; The EU has now 15 members

states, see the Courier, Supra note 1, at pg. 36 ( white pages)

The ACP group of states was created by the Georgetown Agreement (Guyana) of 6

June , 1975 and the first

Lome Convention of the same year. See for instance Karl, Kenneth , " From Georgetown to Cotonou: The

ACP Group faces up to new challenges" ; The ACP group has now 77 members, the Courier, supra note 1 at

pgs 20 and 31 respectively. (white pages); The Georgetown Agreement was amended in November 1992,

See Declaration XV to the Cotonou Agreement, the Courier, Supra note 1, at pg. 6 (Grey pages)

See David, Dominique, Supra note 2. See also Oyowe, Augustin, " Revised Lome IV: The finest and most

complete instrument of co-operation ever" , The Courier No. 155, Jan-Feb., 1996, at pg. 1

Twitchett, Carol Cosgrove , Europe and Africa: from association to partnership, Saxon House, Westmead,

1978, at pg. 56 and 75

U.N General Assembly Resolution 3201-S VI of 1

May 1974.; See also Ravenhill, John, "Asymmetrical

Interdependence: Renegotiating the Lome Convention" in The Political Economy of EEC Relations with

ACP States, Long, Frank (ed)., Pergamon Press, Oxford, 1980, at pg. 33

Kennes, Walter , "ACP EC Co-operation in Africa: Recent Developments and Prospects ", in Wohlmuth,

Karl, Färber, Hellmuth et al, eds., Human Dimensions of Adjustment (Yearbook of African Development

Perspectives; Vol. 1 , 1989), Verlag Schelzky & Jeep, Berlin, 1990 at pgs. 348 & 349.

Cumming, Gordon, "French development assistance to Africa: towards a new agenda? ", in Africa Affairs,

Vol. v 94: Issue n376, Oxford University Press, July 1995, at pg. 383.

Roby, Jini. L., " Lome IV - No " Fortress Europe" ", Brigham Young University Law Review, Vol. 4, 1990,

at pg. 1781.

Schori, Pierre, "Meeting the Challenge of Globalisation". Speech at the Friedrich Ebert Stiftung on 16

December 1998, at pg. 29 ( and generally)

also grown over time and this too has impacted not to a small extent on the development of

the co-operation.

The principal objective of the Cotonou Agreement is the "reducing and eventually

eradicating poverty consistent with the objectives of sustainable development and the gradual

integration

of the ACP countries into the world economy"

. ( emphasis added) This aim of

uplifting the living standards of the peoples of the ACP countries has been, even when

otherwise formulated, the cardinal stated goal of the development co-operation between the

two parties.

It is proposed herein to examine the extent, if any, to which the provisions of the Cotonou

Agreement can facilitate the attainment of its stated objectives. Having been signed, as it was

after more than four decades of co-operation, how well, if at all, does it incorporate the

lessons from this period ? Since, as pointed out, each Agreement or Convention has been a

child of its times, to what extent, if at all, does the Cotonou Agreement achieve a balance

between the needs of developing countries and the forces of trade liberalisation and

globalisation?

Since development in the ACP countries, multifaceted as the concept is, can be achieved

primarily through economic growth

and to a lesser extent aid

( as this is not amenable to

long term planning owing to it being granted on a moral or solidarity basis

often with

conditions

and is not a right according to the International Court of Justice as held in

Nicaragua Vs United States

) and the fact that these have in any event been and still are the

See for example the effect of Britain joining the then EEC, Supra note 5, at pg. 143

Some writers argue that the ACP countries are already integrated (involved) in the world economy though

to an insignificant extent. See for instance Medhanie, Tesfatsion, " Integration of Sub-Saharan Africa into

International Trade: A Critical Review of the Green Paper", in University of Leipzig Papers on Africa,

Politics and Economics, No. 15, 1998, at pgs. 3 &4.

Supra note 1, Art. 1.

See for instance Art. 1, Lome III, Signed at Lome on 8

December 1984, The Courier, January/February

1985 at pg. 10 ( yellow pages)

Van Damme, Philippe, "EU strategy emphasises the private sector", in the Courier No 166, November/

December 1997, at pg. 61.

Vignon, Jerome, " Europe and globalisation" , The Courier. No. 164 July-August,1997, at pg. 61.

Scheuner, U., " Solidarität unter den Nationen als Grundsatz in der gegenwärtigen internationalen

Gemeinschaft ", Delbrück, J et al (eds.), Festschrift für Eberhard Menzel, Berlin, Duncker & Humbolt, 1975,

at pg. 274.

Ignaz, Seidl-Hohenveldern, International Economic Law, Kluwer Academic Publishers, 1989, at pg. 7.

Judgement of 27

June 1986, ICJ Reports 1986, at pg. 138, para. 276.

crux of the development co-operation within the framework of the Cotonou Agreement, it is

proposed to focus on the trade and aid provisions. Other aspects will therefore be tackled

mainly in relation to the trade and aid provisions and to a lesser extent to give a wholesome

picture of the surrounding circumstances. In a word, it is intended to examine the prospects,

if any, the Cotonou Agreement has in stimulating the economic renaissance, rebirth or

revival of the ACP countries.

2.0 HISTORICAL ANTECEDENTS OF THE COTONOU

AGREEMENT

2.1 THE EARLY ASSOCIATIONAL ARRANGEMENTS

2.1.1 OVERSEAS COUNTRIES AND TERRITORIES

The Cotonou Agreement can only be fully appreciated if placed in its historical context.

this regard, the point of departure is the founding of the EU itself by the 1957 European

Economic Community Treaty (hereinafter the EEC) also known as the Treaty of Rome .

Articles 131-6 contained in Part IV of the Treaty of Rome established the association of the

Member States' overseas countries and territories (hereinafter OCTs) to the EEC.

It is

possible to look further back, however, to the Organisation for European Economic Co-

operation (OEEC) Convention of 16

April 1948 which was in the short term intended to

administer the Marshall Plan Aid, but which nevertheless recognised the interdependence of

Member States and their colonial territories.

Similarly, attempts at an associational nexus can be traced to the Council of Europe although

the Statute creating it signed on the 5

of May 1949 made no reference to overseas

By this is meant that a present treaty can only be fully understood by taking into account the provisions and

circumstances of similar previous treaties concluded between the same parties. For this point see Green,

Reginald Herbold, " The Child of Lome: Messiah, Monster or Mouse? " in Long, Frank Ed. Supra note 7,

pg. 5.

de Deus Pinheiro, Joao, Green Paper on Relations Between The European Union and the ACP Countries on

the Eve of the 21

Century: Challenges and Options for a new Partnership, European Communities,

Brussels, 1997., at pg. III, V ; Supra note 3.; Supra note 6, at pg. xiii. ; David, Dominique, Supra note 2.

Schmuck, Otto, "Die Europäische Gemeinschaft und die dritte Welt: Zielsetzungen, Instrumente und

Probleme der Zusammenarbeit" ,Schmuck, Otto et al eds., Die Entwicklungspolitik der EG: Vom

Paternalismus zur Partnerschaft. , Europa Union Verlag GmbH, Bonn, 1992, at pg. 10 ; See also Supra note

6, at pg. 1.

Supra note 6, at pg. 2.

dependencies.

The Hague Congress of May 1948 which paved way for the establishment of

the Council of Europe and the European Economic Conference held at Westminster in 1949

both emphasised the need for colonial dependencies to be included in any future schemes for

European co-operation.

Subsequent to the formation of the Council of Europe there were

debates within its Consultative Assembly on the establishment of links between the new body

and the overseas territories having constitutional links with its Member States.

These

debates were spurred on mainly by representatives from France d'outre mer (Overseas

France) and especially by Leopold Senghor and some British members. Likewise other minor

hints of association may also be found in the aims espoused in the creation, as opposed to the

provisions, of the European Coal and Steel Community (ECSC) of 1951 and in the provisions

for a European Political Community ( EPC ) associated with the stillborn European Defence

Community ( EDC) treaty signed in 1952.

It has been contended that one may look much further back to 1415 when the Portuguese

started their discovery journeys to West Africa which later led to their establishing settlements

there

and eventually to other parts of Africa.

Subsequently followed the slave trade and

the Berlin Conference that partitioned Africa into colonies and protectorates of Portugal,

France, Britain, Spain, Belgium, Italy and Germany.

This imperialism had mercantile

overtones and it has therefore been contended that there is an "unbroken historical

continuum"

from the time the Portuguese set foot in Africa through to the signing of the

Cotonou Agreement. It is this colonial legacy that is said to have partly motivated the EU to

establish and maintain a development co-operation relationship with the ACP countries to the

present day.

Ibid.

Ibid , at pg. 2 & 3.

Ibid., at pg. 3.

Ibid. pg. 2 & 5

Schultheiß, Micheal ; Schmuck, Otto "Grundlegende Texte, Überblicksdarstellungen und Statistiken zur

Nord - Süd - Problematik und Ihrer Europäischen Dimension (Basis)", Supra note 23, at pg. 23.

Ikiara, Gerrishon. K.," The European Union ACP Relationship: The Case of Eastern Africa" Friedrich Ebert

Stiftung , Working Papers on EU Development Policy, Bonn, 1996, at pg. 7.

Supra note 29.

Minta, I.K., "The Lome Convention and the New International Economic Order", Howard Law Journal, Vol.

27, No. 3 , 1984, at pg. 954.

Gibb, Richard, "Post- Lome: the European Union and the South", Third World Quarterly, Vol. 21, No. 3,

2000, at pg. 461.; Frey Wouters , Ellen., The European Community and the Third World: The Lome

Convention and its Impact, Praeger Special Studies, New York, 1980, at pg. 16.; Sheppard, Hale., " The

Lome Convention in the Next Millennium: Modification of the Trade / Aid Package and Support for

Regional Integration", Kansas Journal of Law and Public Policy, 1998, at pg. 1 ( not publication page); Supra

This paper, however, confines itself to the development co-operation policy that began with

the Treaty of Rome. The EEC treaty was an inward looking treaty promulgated to promote

its Member States economic and political interests by removing obstacles to the free

movement of goods, people, services and capital within the Member States and encouraging

the harmonisation of national economic policies.

However in the course of its formation

France made the association of its colonies and overseas territories a precondition to its

accession.

In France's estimation, association was a constructive compromise between

including the whole of metropolitan and overseas France within the EEC or leaving overseas

France outside the new arrangement.

This was not initially taken well by some prospective

EEC members who felt that France wanted them to subsidise its colonialism but in the final

analysis a compromise was reached through the concession of special trading rights to the

other members in the associated colonies and territories.

The compromise on association found expression, as pointed out earlier, in Articles 131-6 of

the Treaty of Rome. In addition there was an Implementing Convention attached to the

Treaty of Rome which set out the details of the commercial and aid regimes.

It is

noteworthy that having been a compromise of the EEC Member States, this association was

created with little or no consultation of the residents of the OCTs and was essentially imposed

on them. The duration of the association was set for five years although that of the Treaty of

Rome itself was indefinite owing to the fact that the future of the associated areas was

uncertain.

Article 131 stipulated that the objective of the association was

"to promote the economic and social development of

the countries and territories and to establish close

economic relations between them and the Community

as a whole".

note 32, at pg. 953.; Supra note 23, Schultheiß, Micheal et al, at pg 23.; Supra note 10, at pg. 1782.; Supra

note 6, at pgs. Xiii, 1.; Supra note 2.

Olukoshi Adebayo et al, Supra note 3, at pg. 157.

Supra note 23, Schultheiß, Micheal et al, at pg. 10.; Supra note 10, at pg. 1782.,

Supra note 6, at pg. 9.

Ibid., at pg. 14.: Supra note 21.

Supra note 6, at pg. 17.

Ibid.

Ibid., at pg. 18.

This was to be achieved, in terms of Article 132, through trade with the Member States which

were to apply to the OCTs the same treatment as they applied among themselves pursuant to

the treaty.

The OCTs on their part were to apply to the Member States the same treatment

that was reserved for their colonising power.

The principle of reciprocity was established in Article 133. There was room however, on the

part of the OCTs to qualify this reciprocity in certain circumstances. It is worth noting in this

regard that the OCTs were still at this point colonial adjuncts. The first European

Development Fund (hereinafter EDF) worth 581.25 million units of account ( hereinafter u / a

) came into being at this point and was to be applied in the manner set out in the

Implementing Convention annexed to the Treaty of Rome.

By 1960 the majority of the

OCTs had gained independence but the association continued.

Although there was some

slight increase in the exports of the OCTs, it is difficult to assess the impact of the association

that ended in 1962 due to the brevity of the period, the hiccups of implementing the Treaty of

Rome and decolonisation with its ensuing "administrative upheaval".

2.1.2 YAOUNDE I

The uncertainty that followed independence of most of the OCTs was resolved in favour of

continuation of the association. The EEC members were anxious to preserve their privileged

relations with their former colonies while the African nations were keen to retain their

privileged markets.

A Convention was therefore negotiated between the EEC, which then

had 6 members and the 18 Associated African States and Madagascar ( hereinafter AASMs )

and signed 20

July, 1963, in Yaounde, the capital of Cameroon.

The Yaounde Convention

subsequently entered into force on the 1

of June 1964.

Ibid.

Ibid., at pg. 22., N.B. The unit of account was the currency of the EEC during this period.

Supra note 2.

Supra note 5, at pgs. 55 & 56

Karl, Kenneth, " From Georgetown to Cotonou: The ACP group faces up to new challenges." , Courier,

Supra note 1, at pg. 20 (white pages) ; Gibb, Richard, Supra note 33, at pg. 461.; Green Paper, Supra note

22, at pg. 5.

Supra note 6, at pg. 73.; Frey- Wouters, Ellen, supra note 33, at pg. 14.; Gibb, Richard, Supra note 33, at pg.

461.

Ibid., Frey Wouters, Ellen.

The objectives of Yaounde I were strikingly similar to those of the present Cotonou

Agreement and were to "expand the economic structure and independence of the AASMs,

promote their industrialisation, encourage African regional co-operation and contribute to the

advancement of international trade."

In many respects Yaounde I continued the trading

regime established in the Treaty of Rome.

The free trade principles of reciprocity and non-

discrimination were maintained.

There was thus mutual granting of tariff preferences for

industrial and tropical products although for the latter the EEC reduced or abolished some of

the preferences. AASMs' agricultural products that were in direct competition with those

produced in the EEC were regulated by special trade arrangements.

A provision of 800

million u / a was made under the second EDF for the support of economic and social

infrastructure projects .

70 million u / a of this amount was reserved for the associated

dependencies. The most significant departure in EDF II was the move away from exclusive

grant financing to a range of loans.

This is perhaps not surprising when one considers that

the AASMs were no longer constitutionally linked to the EEC Member States.

2.1.3 YAOUNDE II

The second Yaounde Convention, which was signed in July 1969 and entered into force on

the 1

of January 1971 between the 6 EEC members and the 18 AASMs, was in many ways a

continuation of Yaounde I .

It re-emphasised in its Articles 12, 13 and 14 the need for

inter-African regional economic groupings, both among the AASMs themselves and with

third states and extended material incentives for this purpose.

Article 19 encouraged the

provision of financial and technical assistance for regionally based projects, whereas Article

25 made regional institutions eligible to submit applications for EDF finance.

During the negotiations the AASMs had endeavoured to effect change by inter alia a proposal

for the establishment of an export earnings stabilisation scheme but these never came to

Gakunu, Peter, "ACP-EU trade: past, present and future", The Courier, No 167, Jan-Feb. 1998, at pg. 16.

Supra note 6, at pg. 99.; Frey- Wouters, Ellen, Supra note 33, at pg. 14.

Supra note 6, at pg. 97

Frey- Wouters, Ellen, Supra note 33, at pg. 14.

Supra note 6, at pg. 102.

Ibid., at pg. 101.

Frey- Wouters, Ellen, Supra note 33, at pgs. 2 & 14.; Supra note 6, at pg. 73.

Supra note 6, at pg. 119.

Details

Seiten
Erscheinungsform: Originalausgabe
Jahr: 2001
ISBN (eBook): 9783832441937
ISBN (Paperback): 9783838641935
DOI: 10.3239/9783832441937
Dateigröße: 642 KB
Sprache: Englisch
Institution / Hochschule: Universität Bremen – Rechtswissenschaft
Erscheinungsdatum: 2001 (Juni)
Note: 2,0
Schlagworte: african countries pacific lome convention acp-eu european union

Autor

Boniface Macharia Kinyanjui (Autor:in)