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Table of cases

A Critical Assessment of the EU-SADC Economic Partnership Agreement

Clair Gammage

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Preface

A Critical Assessment of the EU-SADC Economic Partnership Agreement

Clair Gammage

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Introduction

A Critical Assessment of the EU-SADC Economic Partnership Agreement

Clair Gammage

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Integration through law

A Critical Assessment of the EU-SADC Economic Partnership Agreement

Clair Gammage

Chapter 1 presents the main epistemological framework and ontological claims of the book and asserts that regions should be understood primarily as legal regimes. Through the marriage of material power, ideational forces and institutions this book aims to promote an understanding of regions as fundamentally legal regimes. The law generates an assumption of the ‘right’ and ‘just’ way to live, guiding behaviour of institutions and of people through legal codification of norms. Legal philosophers are concerned with the validity of legal norms, their claim to correctness, and to understanding the reasoning and logic of the legal system while sociologically informed analyses of law seek to reveal the practical or empirically valid nature of legal norms in relation to other spheres of action, such as politics and the economy. Using the discourse theory of law, this book proposes that legitimate law is that which is normatively perceived to provide ‘good’ reasons for action. This book aims to demonstrate how legitimate law can emerge from a discursive and participative process of deliberation. It will be argued that the EPAs have created discursive spaces for deliberation albeit the inclusion of non-state actors in that process across the regional groupings has been limited. As such, the extent to which the EPAs constitute legitimate legal regimes in a Habermasian sense is questionable.

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Abbreviations and acronyms

A Critical Assessment of the EU-SADC Economic Partnership Agreement

Clair Gammage

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S. I. Strong, Katia Fach Gómez and Laura Carballo Piñeiro

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S. I. Strong, Katia Fach Gómez and Laura Carballo Piñeiro

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S. I. Strong, Katia Fach Gómez and Laura Carballo Piñeiro

Chapter 1 introduces the book by describing the purpose and structure of the text as well as the motivating rationales behind the various elements. This chapter begins that analysis by considering the importance of language and culture in the practice of law and examining the new reality of globalization and the challenges for lawyers working in two languages in either the domestic or international context. The text notes that because legal language is best acquired in context, each of the chapters in the book is written in both English and Spanish, with the English text targeted toward native Spanish speakers while the Spanish sections is aimed at native English speakers so as to facilitate acquisition of foreign legal language skills. The chapter also describes how the book adopts a comparative approach within language families so as to facilitate readers’ competence within particular languages rather than with single countries. Thus, the English sections throughout the book discuss US and English law, with occasional references to other English-speaking jurisdictions, while the Spanish sections focus primarily on Spain and Mexico, again with references to other Spanish-speaking countries. Because each section is aimed at different audiences, the text will reflect a number of key differences exist between the English and Spanish sections. However, many chapters include identical summaries in both languages so that readers can double-check their understanding. Each chapter also identifies key vocabulary relating to the topics under discussion so as to help readers increase their competence in legal terms of art.
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S. I. Strong, Katia Fach Gómez and Laura Carballo Piñeiro

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S. I. Strong, Katia Fach Gómez and Laura Carballo Piñeiro