Suggesting a Legal Framework to Construct the Arab Economic Union Post “Arab Uprising”

Abstract

Throughout the past decade, major non-GCC countries in the Middle East and North Africa Region (MENA), also referred to as the “Arab Region” have undergone major structural changes and reforms in their political, legal, economic, military and social regimes. However, seven years ago, the trend of change took a serious and unprecedented diversion known as the “Arab Spring” and which has brought damaging security, economic and social repercussions and aftermaths on the Arab World in general. As a result, the long-awaited dream of Arab unity has been jeopardised more than ever. Nevertheless, history has proven that times of transition are times for change, and thus the current turbulent Arab situation could be utilised as the golden gate and one-time opportunity to achieve the desired transformation towards Arab economic integration and unification, which, if successful, could place the Arab World in pole positions along with global economic giants and gurus. This research represents a new regulatory approach to regional economic integration. The purpose of this research is to suggest legal, constitutional and structural frameworks for the creation of an Arab Economic Union. This research incorporates the findings of available and existing work on the various attempts of Arab economic integration, and it explores the development, failures and accomplishments in this sphere. In addition, the research fills into the gap of the existing work through exploring former experiences and suggesting a new innovative and speculative constitutional structure of the desired AEU. The research also displays the historic and current economic models and discusses the outcomes of main integration attempts. More importantly it suggests a comprehensive institutional structure for the desired AEU in a detailed manner, and observes economic operational liberty through the performance of currently existence trading blocs. Moreover, and in an unprecedented manner, this research discusses the role of Arab migrant workers’ remittances to enhance the development of the desired AEU. Over and above, the research demonstrates the New Arab Model through proposing the innovative “Shamgate Treaty” and argues that times of commotion, security instability and economic disorder pose the best time for change through economic unity based on common interests between member states, based on economic functionalism.