Institutional Mechanisms for the Resolution of Trade Disputes in the East African Community

Abstract

The paper delves into the institutional mechanism for resolving trade disputes in the EAC. It identifies and discusses various mechanisms set up by the founding Treaty and Protocols to resolve trade disputes that arise in the integration process. The central thesis of this paper is as a Regional Trade Agreement (RTA) that is fast growing, trade disputes are bound to occur with the EAC. It is on this basis that the East African Court of Justice (EACJ), the EAC Committee on Trade Remedies, Partner States judicial, administrative and legislative organs as well as other voluntary mechanisms have been established to handle trade disputes. Basically, the institutional framework as well as regulations for settling trade disputes in the EAC embodies elements of diplomacy and adjudication. The combination is desirable for administrative convenience and flexibility in terms of speedy and efficiency in the resolution of trade disputes.