Article Towards Developing Domestic Maritime Legislation through Sub-regional Economic Integration: Cameroon’s Experience with the ‘CEMAC’ Merchant Shipping Code

Abstract

The regulation of the shipping industry is deeply rooted in treaties or agreements – whether bilateral, multilateral or universal. A multilateral treaty may result in the creation of a formal sub-regional economic integration organization, and there are many such organizations in Africa, of which CEMAC is one. These organizations seek economic integration and development through objectives such as the harmonization of transport sector regulations and tend to develop legal instruments that heavily impact the legislative framework of their member states as a result. The impact of the CEMAC Merchant Shipping Code on Cameroon’s maritime legislation can be seen from what Cameroon has achieved in terms of the modernization of its maritime legislation and the provision of solutions to the challenges inherent in its dual legal system. Furthermore, the CEMAC Shipping Code regime must also be perceived as a component of Cameroon’s overall effort geared towards meeting international maritime legislative implementation and enforcement standards. However, the challenges confronting the country at these various levels are huge and questions arise as to the adequacy of the CEMAC Shipping Code regime in addressing them. This paper thus sets out to make an appraisal of the CEMAC Shipping Code regime in its perceived role as vehicle for developing Cameroon’s maritime legislation and addressing the related challenges inherent in the country’s dual legal system. The methodology adopted is doctrinal in approach and involves a content analysis of primary and secondary data. The paper concludes with a proposed strategic framework for maritime legislative development and some practical suggestions directed at the government of Cameroon, but which should equally be useful to governments elsewhere.