The Southern African Development Community and Law

1. Front Matter

   Pages i-xiv

   PDF

2. Introduction

   • Mkhululi Nyathi

   Pages 1-22

3. The Place of Democracy and the Rule of Law in SADC

   • Mkhululi Nyathi

   Pages 23-41

4. Rule-making/Norm-Setting Institutions in SADC

   • Mkhululi Nyathi

   Pages 43-65

5. Oversight Institutions of SADC

   • Mkhululi Nyathi

   Pages 67-106

6. Shared Governance in International Institutional Law

   • Mkhululi Nyathi

   Pages 107-129

7. Institutional Design of Regional Economic Communities: A Comparative Analysis

   • Mkhululi Nyathi

   Pages 131-178

8. Applying Shared Governance in SADC

   • Mkhululi Nyathi

   Pages 179-212

9. Conclusion

   • Mkhululi Nyathi

   Pages 213-219

10. Back Matter

    Pages 221-233

    PDF

This book analyses whether the design of the institutions of Southern African Development Community (SADC) reflects the community’s treaty objectives and principles of democracy and the rule of law. The author provides a detailed analysis of the policy making and oversight institutions of SADC. Additionally, the project looks at institutional and legal frameworks of similar organisations (the East African Community, the Economic Community of West African States and the European Union) for comparative purposes. This work is written largely from a legal perspective, specifically international institutional law; however, it carries cross-disciplinary themes, including governance, and especially the subject of public policy making at the international level.

• Southern African Development Community
• Institutions of SADC reflect the treaty objectives
• what exactly is SADC in legal terms
• SADC governance is under sustained scrutiny
• institutional frameworks of the EAC, ECOWAS, EU
• African Development
• Development

“I congratulate Mkhululi Nyathi for directing our attention to the internal operations of SADC as an area in which effort needs to be directed in terms of improving the democratic credentials of SADC. There is no gainsaying the importance a SADC whose internal operations are fully democratised.” (Mwiza Jo Nkhata, Associate Professor of Law, University of Malawi, Malawi)

“The author’s main arguments on sharing political space in the interests of a stronger SADC are clear and easy to follow.” (Kofi Kufuor, Professor of Law, University of East London, United Kingdom)

• Independent Researcher, Bulawayo, Zimbabwe

  Mkhululi Nyathi

Mkhululi Nyathi is a research consultant and human rights lawyer based in South Africa.

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