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This research has investigated the legal challenges in the realization of free movement of capital under EAC common market but with much focus on Rwanda as a case study. The general objective was to identify such challenges, to find out their nature, the causes and their extent and finally to suggest solutions thereto. The hypothesis was that the Community and the Partner States, Rwanda all need effective institutions, the harmonized laws to enhance the free movement of capital but also the manner of reception and implementation of community law in Rwanda. The research findings reveal that in Rwanda there are some laws in contradiction with the protocol; the Community lacks effective institutions for monitoring the implementation of the Common Market Protocol and for settling disputes of the common market nature. The research concludes that the aforesaid challenges pose a negative threat to the success of free movement of capital under EAC. The research recommends that effective institutions for monitoring the implementation of the common market should be established and accorded sufficient capacity to perform their obligations. The study also recommends the direct effect and direct applicability of the community law within Partner States of the EAC, and lastly, that Rwanda should make amendments of all laws in contradiction with the community law to enable the free movement of capital in the State. I. GENERAL INTRODUCTION 1.1. Background of the study Currently, the world is witnessing an increase of regional integration as a popular trend and the justifications of many integration initiatives are mainly economic 3 . The main basis of creation of various regional integrations across the world is therefore to enhance the development. The EAC countries were not left behind, thus innovation as in the year 1999 witnessed the revival of the EAC after its collapse in 1967 4 . The EAC as we have it today is established by the Treaty for the establishment of EAC and it has a wide range of coverage beyond the economic aspect and in accordance with the Treaty, the EAC aims at achieving a custom union, a common market, a monetary union and eventually the political federation 5 . The common market is the second stage in the process of economic integration within the EAC and it involves the integration of Partner States markets into a single market in which there is free movement of capital, labor, goods and services 6 . The common market in EAC is established by the Protocol for the Establishment of the EAC Common Market which was signed by EAC Heads of States on 20 th day of November 2009 and entered into force on 1 st day of July 2010. In accordance with the provisions of Article 76 of the Treaty for the Establishment of East African Community; an overall objective of the EAC is to widen and deepen cooperation among the Partner States in the economic and social fields for the benefit of their population 7 . This study is shading upon the understanding of the challenges and constraints facing the free movement of capital in Rwanda as well as in the regional integration process as provided for under the Protocol on the Establishment of the East African Community

Legal Challenges to the Implementation of East African Community (Eac) Common Market ProtocolCase of Free Movement of Capital In Rwanda