Accountability and transparency deficits and the problem of non-tariff barriers in the Southern African Development Community : a critical assessment of intra-regional trade promotion initiatives

The Southern African Development Community (SADC) was established with a view to pursuing economic growth and development in the region. However, even after the establishment of the Free Trade Area (FTA), the presence of significant non-tariff barriers (NTBs) has contributed to the lack of progress in achieving these objectives. Therefore, the premise of this study is that the successful realisation of the economic goals of SADC can only be accomplished on the basis of a legal and institutional framework that promotes accountability and transparency at the national and regional level. It is undeniable that this approach is gaining prominence worldwide as more attention is directed towards the removal of NTBs. For the purposes of advancing trade liberalisation within the context of a more transparent and predictable trade regime, this study analyses the strengths and weaknesses of the SADC legal and institutional framework. To that end, it addresses pertinent issues such as, inter alia, the effectiveness of supranational or intergovernmental approaches in regional institutions, the appropriate status of community law within Member States’ jurisdictions and the role of state sovereignty in regional integration. To achieve a clearer understanding of these issues, the World Trade Organisation (WTO) is assessed to obtain insights on the multilateral standards that it sets for the accountability and transparency measures of regional trade agreements (RTAs). The comparative analysis of the European Union (EU), which is viewed as the gold standard for regional integration, also assists in enabling this study to draw lessons for SADC, particularly in the determination of recommendations for legal and institutional reform