The revised cotonou agreement between the european community and the african, caribbean and pacific states: Innovations on security, political dialogue, transparency, money and social responsibility

Journal of African Law

Volumn 50, Issue 1, 2006, Pages 59-71

  Kingah, Stephen ^a  

^a Stewart and Judy Colton Chair of Law and Security   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 42649139640     PISSN: 00218553     EISSN: 14643731     Source Type: Journal    
DOI: 10.1017/S0021855306000064     Document Type: Article

References (50)

1. see R. Gerrick, “The Cotonou Agreement: will it successfully improve the small island economies of the Caribbean?” (2004) 27 Boston College International and Comparative Law Review 131–146
2. N. Udombana, “Back to basics: the ACP-EU Cotonou Trade Agreement and challenges for the African Union”, (2004) 40 Texas International Law Journal 62.
3. See European Security Strategy, “A secure Europe in a better world”, Brussels, 12 December, 2003, 2.
4. See also Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee, “Policy coherence for development: accelerating progress towards attaining the millennium development goals”, Brussels, 12 April, 2005, COM(2005) final, 4.
5. For a post CPA II document that elucidates this link, see Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee and the Committee of the Regions, “Proposal for a joint declaration by the European Council, the European Parliament and the Commission on the European Union Development Policy: ‘The European Consensus’”, Brussels, 13 July, 2005, COM(2005)311 final, 8.
6. European Security Strategy, above n.7, 4.
7. See also C. Hagel, “A Republican foreign policy”, (July/August 2004) Foreign Affairs 64.
8. Following the bombings in the USA in 2001, African leaders met in Senegal in October that year to reflect on the dangers posed by terrorism to the continent. It is worthy to note that there is an African Convention against terrorism signed in Algiers on 14 July, 1999. This document has been ratified by 36 states. See OAU Convention on the Prevention and Combating of Terrorism, 14 July, 1999, available at (accessed 11 January, 2006).
9. Gijs de Vries of the Netherlands was named EU's anti-terrorism chief in 2004. He works closely with the High Representative for the EU's Common Foreign and Security Policy, Javier Solana.
10. G. Olsen, “The EU and Africa: how are Western security issues affecting policies towards the African continent?”, lecture at the Institute for European Studies, Brussels, 1 December, 2005. See for an appraisal of this presentation.
11. P. Lyman and J. Morrison, “The terrorist threat in Africa”, (January/February 2004) Foreign Affairs 84.
12. See Declaration XI appended to the CPA II on art. 11(a) of agreement providing that “Financial and technical assistance in the area of cooperation in the fight against terrorism will be financed by resources other than those intended for the financing of ACP-EC development cooperation”.
13. The Peace Facility is an instrument to finance peace-keeping operations in Africa. A sum of ₠250 million has been allocated for the initiative which is run by Africans with the blessing of the EU. See The European Commission, “Securing peace and stability for Africa: The EU funded African peace facility”, (2004) Brussels, 6. Available at (accessed 11 January, 2006).
14. The events in Ethiopia, which are linked to protests over the results of elections held in May 2005, are described by the The Economist as “… possibly reverting to the bloody excesses of its Marxist past”. See The Economist, 7 January, 2006, 40.
15. Art. 11(b)(2).
16. Art. 11(b)(4).
17. A. Bradley, “Perspective on the role of the ACP group in international affairs”, (14 November, 2005), lecture at the United Nations University, Comparative Regional Integration Studies (UNU CRIS) (see for information). As an essential element, default or violation would generate the application of art. 96 on political consultation after the exhaustion of the options of dialogue provided for under art. 8.
18. On the discussion regarding the nature of the nuclear black market for instance, see D. Albright and C. Hinderstein, “Uncovering the nuclear black market: working towards closing gaps in the international nonproliferation regime”, paper presented at the 45th Annual Meeting of the Institute for Science and International Security, Orlando, Florida, 2 July, 2004, available at .
19. See F. Fukuyama, State Building: Governance and World Order in the Twenty-First Century, London, 2005, 132.
20. See art. XXI on security exceptions, The General Agreement on Tariffs and Trade (GATT), 30 October, 1947.
21. See J. Gathii, “A critical appraisal of the NEPAD agenda in the light of Africa's place in the world trade regime in an era of market centred development”, (2003) 13 Transnational Law and Contemporary Problems 206.
22. Convention for the Elimination of Mercenaries in Africa, Libreville, Gabon, 3 July, 1977. This convention came into force on 22 April, 1985, and has been ratified by 27 African states.
23. BBC News, “The men behind the Guinean plot”, 12 March, 2004
24. see also, BBC News, “Zimbabwe jails UK ‘coup plotter’”, 10 September, 2004.
25. Rome Statute of the International Criminal Court, UN Doc. A/CONF.183/9, Rome, 17 July, 1998.
26. International Crisis Group Report, “Katanga: the Congo's forgotten crisis”, 9 January, 2006, Africa Report 5, n.103.
27. Art. 4, CPA I and CPA II.
28. See art. 6, CPA I.
29. United Nations Economic Commission for Africa, Striving for Good Governance: Synopsis of 2005 African Governance Report, available at (accessed 19 June, 2005).
30. RIPs are documents outlining the regional projects and programmes to be funded by funds from the cooperation. See art. 11, Annex IV of the CPA I.
31. Art. 97(2), CPA I.
32. CPA.
33. Art. 4(1)(d) of Annex IV of the CPA II.
34. Under the Financial Protocol of the CPA I, ₠13,200 million were allocated for national and regional projects. See para. 2 of Annex I of the Financial Protocol. Para. 4 of the same protocol provides that the European Investment Bank will provide loans of ₠1,700 million. The cumulated sum provided under the CPA I is ₠15,200 million, making an estimated average of ₠5 for every ACP citizen for the period of five years. See F. Matambalya, The New EU-ACP Partnership: Consequences for Eastern and Southern Africa, Dar es Salaam, 2001, 47.
35. Para. 1, Annex I, Financial Protocol.
36. Interview, A. Senghor, ACP Chief Legal Counsel, 6 January, 2006. It is important to note that the EDF is not financed from EC funds, but from direct contributions from member states and, as such, the money channelled to the ACP is not subject to European parliamentary scrutiny.
37. Art. 56(1).
38. Art. 56(1).
39. Art. 3(1)(d) of Annex II.
40. Art. 49(2).
41. Art. 20(4) of Annex IV.
42. Art. 16(4) of Annex IV.
43. See R. Kobia, “European Union Commission policy in the DRC”, (September/Decem 2002) 29 Review of African Political Economy 434.
44. Art. 34(3), Annex IV.
45. J. Ravenhill, Collective Clientelism: The Lomé Conventions and North-South Relations, New York, 1985, 3.
46. Art. 89(1), the CPA I, emphasis added.
47. Art. 89(1), the CPA II, emphasis added.
48. M. Leonard, Why Europe Will Run the 21st Century, London, 2005, 129.
49. N. Karagiannis, Avoiding Responsibility: The Politics and Discourse of European Development Policy, London, 2004, 135.
50. See The European Commission, “Economic partnership agreements: start of negotiations-a new approach in the relations between the European Union and ACP countries”, September 2002, 8.