TGCL Series
The TGCL Series consists of edited volumes which mainly contain papers presented at conferences and workshops organised by the Tanzanian-German Centre for Eastern African Legal Studies (TGCL). The books may be ordered through the TGCL office in Dar es Salaam. Volumes 1-4 may be ordered through Rüdiger Köppe Verlag, Cologne.
Volume 5 (2018): Harmonisation of Laws in the East African Community. The State of Affairs with Comparative Insights from the European Union and Other Regional Economic Communities
Johannes Döveling, Hamudi I. Majamba, Richard Frimpong Oppong and Ulrike Wanitzek (eds)
This book presents the results of a Research Workshop held on 10-11 August 2015 at Giraffe Ocean View Hotel in Dar es Salaam (see TGCL bulletin 2015, 12-15). The workshop had brought together policy makers, academics and post-graduate students from Burundi, Canada, France, Germany, Kenya, Rwanda, Tanzania and Uganda and provided an opportunity for exchange and mutual learning. Through this book, we hope to make the results of the workshop accessible to interested researchers in Africa, Europe and beyond.
Regional economic communities are of increasing relevance for the economic and social development of individual countries. Consensus among member states on economic policy is necessary for the success of a regional economic community and the achievement of its goals. The free movement of goods, services, persons and capital is a key aspect in reducing barriers to trade and other economic activities. A central instrument for achieving this goal is the harmonisation of laws, as the creation of a common legal space in the field of economic law is decisive for the reduction of barriers to international trade within a regional community; it creates a conducive climate for investments from the region and into the region, and for the provision of new jobs; and it is therefore an important factor in economic growth and welfare.
The papers in this book focus on the harmonisation of private economic law, especially in the fields of commercial law, competition law, intellectual property law, labour law and private international law (with a special focus on choice of law in contracts, jurisdiction and enforcement of judgments). They explore the impact of the law of regional economic communities on the national laws, as well as obstacles that those laws pose to regional integration, with regard to the East African Community (EAC), other African regional economic communities, and the European Union (EU).
Johannes Döveling, Hamudi I. Majamba, Richard Frimpong Oppong and Ulrike Wanitzek (eds.), Harmonisation of Laws in the East African Community. The State of Affairs with Comparative Insights from the European Union and Other Regional Economic Communities, Nairobi: LawAfrica, 2018
ISBN 9966-53-071-4
Volume 4 (2014): Regional Integration and Law: East African and European Perspectives
Josaphat L. Kanywanyi, Ulrike Wanitzek, Anatole Nahayo and Johannes Döveling (eds)
This book on Regional Integration and Law: East African and European Perspectives is the fourth volume of the TGCL a series of edited volumes produced at the Tanzanian-German Centre for Eastern African Legal Studies (TGCL). After an Introduction on the major challenges of regional legal integration, Part One, devoted to East African perspectives, begins with a discussion of the role of leadership in the implementation of the African Peace and Security Architecture Framework in the East African Community. Following this, harmonisation of domestic tax laws is analysed with regard to its potential as an instrument for regional integration, with the major example of Burundi’s new income tax law of 2013. Criminal procedural law in Tanzania is looked at in the light of human rights, especially the right to equality. The effectiveness of mandatory SIM card registration in Uganda is critically analysed. The protection of consumers against counterfeit and substandard pharmaceuticals in Tanzania is discussed within the framework of the Single Customs Territory of the East African Community. In Part Two, focused on European perspectives, a discussion of the relationship between the French Constitution and European Union law, exploring the alchemy of sovereignty and integration, is followed by articles on the specifically German challenges with regard to the incorporation of European Union law into the national body of laws, with case studies of the Euro Rescue Fund, consumer protection law, administrative law and labour law. In addition to these examples of regional legal integration within the European Union, the last article discusses the role played by another regional community of , i.e. the Council of Europe and its European Convention on Human Rights, in the development of national family laws in Europe.
Josaphat L. Kanywanyi, Ulrike Wanitzek, Anatole Nahayo and Johannes Döveling (eds), Regional Integration and Law: East African and European Perspectives, Dar es Salaam: Dar es Salaam University Press, 2014
Distribution in cooperation with Rüdiger Köppe Publishers, Köln, Germany ISBN (Dar es Salaam University Press) 978-9976-60-583-9; ISBN (Rüdiger Köppe Publishers) 978-3-89645-169-9
Volume 3 (2013): Constitutional Reform Processes and Integration in East Africa
Johannes Döveling, Kennedy Gastorn and Ulrike Wanitzek (eds)
Against the background of the ongoing constitutional reform process in Tanzania, this volume on “Constitutional Reform Processes and Integration in East Africa” provides a critical discussion of the subject in the light of continuing regional integration within the East African Community (EAC). Tanzania has the opportunity to learn from previous experience in the other Partner States of the EAC, where new constitutions were enacted in 1995 (Uganda), 2003 (Rwanda), 2005 (Burundi) and 2010 (Kenya). Comparative discussions of these reforms and the current Tanzanian reform process were held at two joint conferences of the Tanzanian-German Centre for Eastern African Legal Studies (TGCL) and the Konrad-Adenauer-Stiftung (KAS) in Dar es Salaam in May 2012 and in May 2013.Selected conference papers and additional contributions to this volume analyse weaknesses in the current Tanzanian Constitution and make suggestions for improvement. Corruption and poor public service responsibility are looked at as possible consequences of open-ended features in constitutionalism and cultural attitudes. ‘Best practices’ for a modern judiciary and the role of the National Electoral Commission in supporting constitutional democracy are also discussed. Further topics include the constitutionalisation of citizenship law and of environmental law. The volume ends with the executive summary of the reform proposals submitted in April 2013 by the University of Dar es Salaam School of Law to the Constitutional Review Commission of Tanzania.
Johannes Döveling, Kennedy Gastorn and Ulrike Wanitzek (eds), Constitutional Reform Processes and Integration in East Africa, Dar es Salaam: Dar es Salaam University Press, 2013
Distribution in cooperation with Rüdiger Köppe Publishers, Köln, Germany ISBN (Dar es Salaam University Press) 978-9976-60-561-7; ISBN (Rüdiger Köppe Publishers) 978-3-89645-168-2
Volume 2 (2011): Processes of Legal Integration in the East African Community
Kennedy Gastorn, Harald Sippel and Ulrike Wanitzek (eds)
This volume on “Processes of Legal Integration in the East African Community” takes up legal questions arising at various stages of the development and growth of the East African Community (EAC). Only ten years after the coming into force of the EAC Treaty in 2000, the East African Common Market was established in 2010. The potential of the EAC Treaty to develop into a constitution for East Africa, and the role of the East African Court of Justice in the process of legal integration are topics discussed in this volume. The legal historical background of the EAC from the inception of colonial rule is traced, and the right of access to land is examined. Moreover, an analysis of “multiple sources of law” refers to the claim that in every African state there are a number of bodies of law which differ from each other, not only in content, but also in the sources of their claims to authority. These topics are relevant within the work of the Tanzanian-German Centre for Postgraduate Studies in Law (TGCL) with its regional orientation in constitutional law, human rights law and comparative law towards the EAC and its partner states.
Kennedy Gastorn, Harald Sippel, Ulrike Wanitzek (eds), Processes of Legal Integration in the East African Community, Dar es Salaam: Dar es Salaam University Press 2011
Distribution in cooperation with Rüdiger Köppe Publishers, Köln, Germany ISBN (Dar es Salaam University Press) 978-9-97660-529-7; ISBN (Rüdiger Köppe Publishers) 978-3-89645-167-5
Volume 1 (2010): Justice and Dignity for All. Current Issues of Human Rights in Tanzania
Kennedy Gastorn, Harald Sippel and Ulrike Wanitzek (eds)
“Dignity and Justice for All of Us” was the motto of a year-long commemoration of the 60th anniversary of the Universal Declaration of Human Rights. The Tanzanian-German Centre for Postgraduate Studies in Law and the Tanzanian Commission for Human Rights and Good Governance celebrated this anniversary with a joint conference at the University of Dar es Salaam in November 2008. The revised conference papers contained in this volume provide a critical discussion of violations of human rights, such as those arising from corruption, mob violence and witchcraft killings. This account of the current state of human rights in Tanzania is supplemented by further contributions providing a European historical perspective on human rights and a discussion of the relevance of human rights within postgraduate legal education such as that conducted at the TGCL
Kennedy Gastorn, Harald Sippel, Ulrike Wanitzek (eds), Justice and Dignity for All: Current Issues of Human Rights in Tanzania, Dar es Salaam: Dar es Salaam University Press, 2010
Distribution in cooperation with Rüdiger Köppe Publishers, Köln, Germany, ISBN (Dar es Salaam University Press) 978-9976-60-517-4; ISBN (Rüdiger Köppe Publishers) 978-3-89645-166-8