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15 Nw. J. Int'l L. & Bus. 437 (1994-1995)
Dispute Recognition and Dispute Settlement in Integration Processes: The COMESA Experience

handle is hein.journals/nwjilb15 and id is 445 raw text is: ARTICLES Dispute Recognition and Dispute Settlement in Integration Processes: The COMESA Experience P. Kenneth Kiplagat* I. INTRODUCMION This article examines the theoretical and practical issues relating to the resolution of trade disputes within regional integration arrange- ments in developing countries in general, and within the Common Market for Eastern and Southern Africa (COMESA) in particular. This examination will focus mainly on the institutions that exist for the resolution of trade disputes and at whose initiative they can be set in motion. A further examination will deal with what body of laws the various dispute resolution institutions regard as supreme and the rem- edies that are available. Because of the relative frailty of regional institutions in the devel- oping world coupled with the relative unsophistication of domestic dispute resolution regimes, a critical analysis of the differentiation be- tween dispute avoidance and dispute resolution will be undertaken. Alternative dispute resolution mechanisms will also be explored. * J.S.D. Candidate, Yale Law School; LL.M. Yale Law School, 1992; LL.B. University of Nairobi, 1989; Lecturer, University of Nairobi.

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