Dispute Recognition and Dispute Settlement in Integration Processes: The COMESA Experience

Kiplagat, P. Kenneth | January 1, 1995

This article examines the theoretical and practical issues relating to the resolution of trade disputes within regional integration arrangements in developing countries in general, and within the Common Market for Eastern and Southern Africa (COMESA) in particular. This examination will focus mainly on the institutions that exist for the resolution of trade disputes and at whose initiative they can be set in motion. A further examination will deal with what body of laws the various dispute resolution institutions regard as supreme and the remedies that are available. Because of the relative frailty of regional institutions in the developing world coupled with the relative unsophistication of domestic dispute resolution regimes, a critical analysis of the differentiation between dispute avoidance and dispute resolution will be undertaken. Alternative dispute resolution mechanisms will also be explored.