A Comparative Analysis of the Legal Regime for Standardization and Quality Regulation

Description

– A Comparative Analysis of the Legal Regime for Standardization and Quality Regulation –

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Abstract

It is now globally acknowledge that standards and standardization are the engine room for industrial, economic and technological development.

Quality products resulting from standards application are therefore relevant for national development and regional integration. Of course, legislation that provides for institutions and procedures of standardization and orderly regulation of the economy is pivotal to the African project.

The major obstacle to economic development of Africa and access to international markets, though posed by the seemingly lawful restrictions on the bases of standards and quality regulation imposed by the developed economies is an African problem in itself.

A review of selected Standardization Institutions and the Legislations governing them reveals that presently the existing legal regime on the continent is outdated, obsolete and chaotic to booth.

Viewed from the legal angle, this researcher is of the firm belief that the level or failure of standardization on the African continent is a reflection of the state of the law and legislation in this sector.

The fundamental aim of this study is to analyze the concept of standardization and quality regulation as a legal instrument for the development of Africa through trade facilitation and economic integration into the global economy as well as the protection of African consumers.

Introduction

1.1 Background of the Study

Sub-Saharan Africa is the least developed, economically and technologically of Geo-Economic Regions of the world. It is trite today that, economic and technological developments are driven by industry and that industry is driven by standards and quality.

The competitiveness of products of industry is determined by the standards and quality to which they are produced. Standards from which quality regulation devolves are the responsibility of national standards bodies the world over

whilst quality regulations are the responsibility of authorities in specialized sectors of a standardized industrial economy.

The world today has become a global village and one of the results of globalisation has been increasing strong growth in international trade. Though developing countries have taken part in this phenomenon, Africa has lagged behind and her share of world trade continues to decline year by year.

This is evidenced by the fact that though Africa can boast of 10 – 15% of the world population, its share of the global GPD is only 1% and its share of the world trade is only 2%¹.

One important reason why developing countries (especially from Sub-Saharan Africa) have only been able to benefit from the positive effects of global trade to a small extent is the non-tariff barriers.

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