The African Growth and Opportunity Act: The perils of pursuing African development through US trade law

R McCormick - Tex. Int'l LJ, 2006 - HeinOnline
R McCormick
Tex. Int'l LJ, 2006HeinOnline
Six years after enactment, the African Growth and Opportunity Act (AGOA) remains the
cornerstone of US economic policy toward sub-Saharan Africa. Ryan McCormick's note
explores whether AGOA has served as a catalyst for African economic development. The
author examines the legislative history that led to AGOA, the legal framework that resulted,
and the economic consequences for African states. Analyzing multilateral developments in
trade law, such as reforms required by the Agreement on Textiles and Clothing and China's …
Abstract
Six years after enactment, the African Growth and Opportunity Act (AGOA) remains the cornerstone of US economic policy toward sub-Saharan Africa. Ryan McCormick's note explores whether AGOA has served as a catalyst for African economic development. The author examines the legislative history that led to AGOA, the legal framework that resulted, and the economic consequences for African states. Analyzing multilateral developments in trade law, such as reforms required by the Agreement on Textiles and Clothing and China's accession to the WTO, the note considers AGOA's effect on Africa's nascent textile and apparel industry. And in case studies, the note examines AGOA's influence on two small African states, Lesotho and Benin. The author argues that three main factors have limited AGOA's effectiveness: constraints imposed by the legislative process, dependence on a one-dimensional strategy of tariff reduction, and the inherent limitations of" special and differential" trade law treatment. The author concludes with a series of legislative proposals and policy reforms designed to maximize AGOA's development impact in the years ahead.
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