Adjudicating the Tension between National Sovereignty and Regional Integration:

The East African Court of Justice on the Legality of the Kenya-EU EPA

Henok Asmelash

 

ABSTRACT: This article examines the legality of separately negotiating third-country trade agreements under the laws of the East African Community (EAC) and its broader implications for regional economic integration. The tension between national sovereignty over foreign trade policy and regional economic integration commitments is one of the defining challenges of regional economic integration. This tension is increasingly leading to political debates and legal proceedings in Africa. In the latest of the legal proceedings, the East African Court of Justice (EACJ) recently issued an interim order suspending the implementation of the Kenya-EU Economic Partnership Agreement (Kenya-EU EPA), which entered into force in July 2024. The article argues that this case illustrates both the potential and limitations of adjudication in addressing the longstanding tension between national sovereignty and the aspiration for deeper regional economic integration in Africa.