The SADC Tribunal

Author(s):  
E. Tendayi Achiume

This chapter uses the trajectory of the Southern African Development Community (“SADC”) Tribunal to chart sociopolitical constraints on international judicial lawmaking. It studies the SADC Tribunal backlash case, which paved the way for a curtailment of the Tribunal’s authority, stripping the Tribunal of both private access and its jurisdiction over human rights. Showing how jurisprudential engagement with sociopolitical context plays a significant role in explaining the Tribunal's loss of authority, the chapter introduces the concept of sociopolitical dissonance. Sociopolitical dissonance is a state that results when a legal decision contradicts or undermines deeply held norms that a given society or community forms on the basis of its social, political, and economic history. Sociopolitical resonance, on the other hand, describes the quality of affirming or according with a given society's norms as informed by its sociopolitical history.

2003 ◽  
Vol 72 (3) ◽  
pp. 369-397 ◽  
Author(s):  
Ben Chigara

AbstractThis article applies victimology and human rights theories to examine the moral and legal basis of the contest for 'labels' that accompanies land disputes. It seeks to discover and evaluate the significance of the dynamics of this contest and their probable impact on the resolution of land disputes. More importantly, it seeks to determine the value of this contest to any strategy that consciously may be preferred to resolve land disputes. It argues that conceptions of victimology that do not incorporate in their analyses the mischief sought to be cured in land disputes are not particularly helpful in the effort to discover efficient models for the resolution of land disputes. It dispels the view that monopolisation of disputes that are inherently human rights in their nature is imperative for resolution of apparently 'local problems' and recommends protection of the inherent dignity of all stakeholders in land disputes as the primary basis for resolution of land disputes.


2009 ◽  
Vol 6 (1) ◽  
Author(s):  
Halili Halili

Civil Society Organizations play a significant role in movement of human rights. CSO's face shifting contemporary challenges, namelY, betrayal against values of human rights and weaknesses of state sovereignty. These new challenges strive for CSO's to conduct some action in two ways: retrospective paradigm and prospective one. In one hand, they should do war against forget in the past viola­tions of human rights. In the other hand, tbey have to respond progressivelY the future challenge of human rights.


2021 ◽  
Vol 274 ◽  
pp. 12006
Author(s):  
Aleksander Kiselnikov ◽  
Diliara Vakhitova ◽  
Tatiana Kazymova

Fundamentals of materials represent a core subject at engineering universities dealing with various construction materials. The study of the discipline and the acquiring of knowledge demand a properly designed manual. Apart from content, manual authors should pay attention to the way they compose the text. Different tools are applied to assess the quality of a manual (its difficulty, complexity, readability). Readability formulae play a significant role in the sphere. Dealing with quantitative parameters of a text (the length of sentences, the length of words and others), readability formulae are able to predict the level of text readability and relate the text to a potential reader in respect to their age and academic level. Flesch-Kincaid Readability Level formula is chosen to analyze two manuals: one comes in the English language, the other – in Russian. The idea is to check how readable the texts of both manuals are. 17 English and 17 Russian texts are taken for the analysis. Pearson correlation is applied to illustrate whether the manuals demonstrate decrease or increase of the readability level of texts throughout the books.


2018 ◽  
Vol 11 (1) ◽  
pp. 1-32
Author(s):  
Mwiza Jo Nkhata

AbstractUnder the Treaty Establishing the Southern African Development Community (the Treaty) one of the institutions of the Southern African Development Community (SADC) was the Southern African Development Community Tribunal (the Tribunal). The Tribunal was established as the sole judicial organ of SADC. The Tribunal was established as part of the reorganisation of regional integration efforts within Southern Africa. The global atmosphere prevailing at the time the Tribunal was established, together with the lofty statements in the SADC’s founding instruments, suggest that there was a regional commitment to the ideals of human rights, rule of law and democracy among SADC member States. The Tribunal’s life, however, was short-lived. This paper analyses the prospects and lessons for regional integration within the SADC region from the perspective of the disbanding of the Tribunal and attempts to decipher the implications of the disbanding for regional integration in Southern Africa.


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