2003年-世界发展银行全球_Facilitation_of_Transport_and_Trade_in_Sub-Saharan_Africa___A_Review_of_International_Legal_Instruments_-_Treaties_Conventions_Protocols_Decisions_Directives_199页_1mb

Summary of Facilitation of Transport and Trade in Sub-Saharan Africa

Core Content

This working paper by Jean Grosdidier de Matons reviews the international legal instruments relevant to the facilitation of transport and trade in Sub-Saharan Africa. It categorizes these instruments into worldwide conventions, regional treaties, and sub-regional agreements, emphasizing their role in supporting regional economic integration and sustainable trade flows.

The paper highlights that while transport infrastructure and reliable services are essential, their effective utilization depends heavily on a robust legal framework. Legal instruments provide the necessary structure for harmonizing trade and transport regulations, enabling smoother cross-border movement and fostering economic growth and employment.

Main Viewpoints

• Legal instruments are vital for enabling trade and transport in Sub-Saharan Africa, especially for landlocked countries that rely on coastal states for access to external markets.
• Regional integration is enhanced through supranational legal agreements, which are more important than just national policy harmonization.
• The implementation of these instruments is crucial, and the multiplication of legal frameworks rather than their absence is the main challenge.
• The harmonization and consistency of these instruments across sub-regions are necessary to achieve their intended goals.

Key Information

I. Basic Legal Issues

• International agreements are formal instruments between sovereign entities (States or international organizations) that create rights and obligations under international law.
• These agreements are classified as treaties, conventions, protocols, agreements, etc., with "treaty" being a generic term.
• Treaties can be bilateral or multilateral:
  • Bilateral treaties involve two parties and balance specific claims.
  • Multilateral treaties, often called conventions, set common legal rules for all parties involved, functioning similarly to domestic laws.
• Ratification is the process by which a treaty becomes part of domestic law. The procedure may vary:
  • In Anglophone African States, legislatures typically ratify major treaties.
  • In France, ratification is done by law or presidential decree, depending on the treaty's financial or legal impact.
  • In other African States, the Constitution may specify whether executive or legislative bodies handle ratification.

II. Worldwide Conventions

• These include general policy, maritime, rail, river, road, and multimodal transport conventions.
• Examples include:
  • Convention and Statute on Freedom of Transit (Barcelona, 1921)
  • General Agreement on Tariffs and Trade (GATT, 1947)
  • Convention on the Facilitation of International Maritime Traffic (London, 1965)
  • Convention on the International Multimodal Transport of Goods (Geneva, 1980)
  • Customs Convention on Containers (Geneva, 1956 and 1972)

III. Regional Instruments

• These include African Economic Community (AEC), Treaty on the Harmonization of Business Law in Africa (OHADA), and treaties establishing integrated insurance organizations.
• These instruments aim to harmonize business and transport laws across the continent, promoting economic integration and trade facilitation.

IV. Sub-Regional Instruments

Central Africa

• Union Douanière et Économique de l'Afrique Centrale (UDEAC)
• Communauté Économique et Monétaire de l'Afrique Centrale (CEMAC)
• Economic Community of Central African States (ECCAS)
• Communauté Économique des Pays des Grands Lacs (CEPGL)
• International Commission for the Congo-Oubangui-Sangha River Basin

Eastern Africa

• Northern Corridor Transit Agreement (NCTA)
• East African Community (EAC) Treaty
• Intergovernmental Authority on Development (IGAD)

Eastern and Southern Africa

• Southern African Customs Union (SACU)
• Indian Ocean Cooperation Agreements
• Preferential Trade Area (PTA)
• Southern African Development Community (SADC)
• Common Market for Eastern and Southern Africa (COMESA)

West Africa

• Economic Community of West African States (ECOWAS)
• West African Economic and Monetary Union (UEMOA)
• Mano River Union
• River Transport Instruments
• Maritime Transport Charter for West and Central Africa

Conclusion

The paper concludes that while numerous legal instruments exist to facilitate transport and trade, their practical implementation is the key challenge. It advocates for harmonization and consistency among these instruments to ensure effective regional integration and sustainable economic development in Sub-Saharan Africa. The Sub-Saharan Africa Transport Policy Program (SSATP) intends to continue this work, promoting policy development and capacity building in the transport sector.

Annexes Overview

The paper includes a comprehensive list of annexes covering various treaties, conventions, and protocols from worldwide, regional, and sub-regional levels. These annexes serve as references for the legal instruments discussed, including:

• Customs and trade facilitation agreements
• Maritime and river transport conventions
• Road transport protocols
• Multimodal transport rules
• Insurance and financial instruments related to transport

Authors and Contributors

• Jean Grosdidier de Matons: International transport consultant and lecturer, former World Bank official.
• Monique Desthuis-Francis: Editor of the document.
• Marc H. Juhel: Transport and Logistics Adviser at the World Bank, who wrote the foreword.

Acknowledgments

The SSATP acknowledges the financial and institutional support from:

• European Commission
• Governments of Austria, Denmark, France, Ireland, Norway, Sweden, United Kingdom
• World Bank

This document serves as a comprehensive review and inventory of legal instruments aimed at enhancing transport and trade facilitation in Sub-Saharan Africa.