scholarly journals An Appraisal of the Functioning and Effectiveness of the East African Court of Justice

2018 ◽  
Vol 21 ◽  
pp. 1-42 ◽  
Author(s):  
Ally Possi
Keyword(s):  
Human Rights ◽  
Good Governance ◽  
East African ◽  
East African Community ◽  
Court Of Justice ◽  
Initial Stage ◽  
African Community ◽  
The Right ◽  
Integration Project

This contribution reflects on the functioning of the East African Court of Justice (EACJ) and judges its effectiveness by assessing the Court's role of ensuring adherence to, the application of and compliance with the East African Community (EAC) Treaty. The EACJ became operational on 30 November 2001, following its inauguration after the swearing in of its judges and the Registrar. During this initial stage of the Court's existence there were indications that the EACJ was failing to stamp its authority on the activities of the Community. The main reason for this failure is the existence of gaps in the EAC Treaty, which prevent the EACJ from effectively discharging its functions. In addition, as shown in this article, the EACJ has been delivering judgements on the grounds of doubtful authority which has gradually diminished the Court's legitimacy. Given its relevance to the EAC, this may therefore be the time to audit the EACJ's functioning and reflect on whether it is moving in the right direction. The hypothesis of this article is that the EACJ has been struggling to establish its authority in the region, mostly in the areas of human rights, the rule of law and good governance. In tracing its history so far it is easy to discern its strategic attempts at judicial law-making to arrogate to itself the role of the protector of human rights. While it is acknowledged that the EACJ is increasingly receiving cases of a divergent nature, most of these cases have had little influence on the integration project or are outside the scope of its mandate.    

The Role of the East African Court of Justice in the Advancement of Human Rights: Reflections on the Creation and Practice of the Court

2019 ◽  
Vol 27 (3) ◽  
pp. 359-377
Author(s):  
Mihreteab Tsighe Taye
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
East African ◽  
East African Community ◽  
The Rule Of Law ◽  
Court Of Justice ◽  
African Community ◽  
The Creation ◽  
Over Time

International courts (ICs) like any other institution evolve over time. They constantly evolve responding to socio-political dynamics. The East African Court of Justice (EACJ) has evolved to deal with the rule of law and human rights-related cases. Although the jurisprudence of the EACJ has been studied, the creation of the court and the origin of the provisions in which the court relies to decide human rights-related matters has largely been unexplored. This article presents the first empirical analysis of the creation of the EACJ and the processes by which the provisions of the rule of law and human rights entered the Treaty for the establishment of the East African Community (EAC). The article also examines the practice of the EACJ to show its evolution over time.

Defining the Scope of Free Movement of Citizens in the East African Community: The East African Court of Justice and its Interpretive Approach

2018 ◽  
Vol 62 (1) ◽  
pp. 1-24 ◽  
Author(s):  
Caroline Nalule
Keyword(s):  
Free Movement ◽  
East African ◽  
East African Community ◽  
Community Law ◽  
The Core ◽  
Court Of Justice ◽  
Interpretive Approach ◽  
African Community ◽  
Free Movement Of Persons ◽  
The Right

AbstractFree movement of persons is one of the core tenets of the East African Community (EAC) common market, making it seem like a purely economic project. However the EAC ultimately aims to constitute itself as a political federation. This article argues that the free movement of persons within the EAC should be interpreted in broad terms with the aim of asserting it as a fundamental right of EAC citizens. Such an interpretation should be championed by the East African Court of Justice, whose mandate is the interpretation and application of community law. The court, however, seems to prefer a narrow, textual and cautious interpretive approach that may not necessarily advance the EAC's broader objectives. A human rights-oriented interpretive approach might just be the key to realizing a progressive transformation in the rationalization of the right to free movement within the EAC.

Media Council of Tanzania and Others v. Attorney General of the United Republic of Tanzania (East Afr. Ct. J.)

2020 ◽  
Vol 59 (5) ◽  
pp. 849-872
Author(s):  
Ndanga Kamau
Keyword(s):  
Freedom Of Expression ◽  
Attorney General ◽  
East African ◽  
East African Community ◽  
Court Of Justice ◽  
United Republic ◽  
Media Services ◽  
United Republic Of Tanzania ◽  
African Community

On March 28, 2019, the First Instance Division of the East African Court of Justice (the EACJ or Court) issued a judgment in Media Council of Tanzania and Others v. Attorney General of the United Republic of Tanzania, Reference No. 2 of 2017. The Court held that several provisions of United Republic of Tanzania's Media Services Act 2016 (the Act) violated the freedom of expression at the heart of the fundamental and operational principles enshrined in Articles 6(d) and 7(2) of the Treaty Establishing the East African Community (the EAC Treaty).

The East African Court of Justice, Enforcement of Foreign Arbitration Awards and the East African Community Integration Process

2019 ◽  
Vol 63 (1) ◽  
pp. 1-23
Author(s):  
Richard Frimpong Oppong
Keyword(s):  
New York ◽  
Community Integration ◽  
Arbitral Tribunal ◽  
East African ◽  
East African Community ◽  
Community Law ◽  
Court Of Justice ◽  
Legal Regimes ◽  
African Community ◽  
New York Convention

AbstractThis article discusses the legal regimes for enforcing foreign arbitral awards within the East African Community (EAC). It focuses specifically on the enforcement of awards from partner states as well as from the East African Court of Justice (EACJ), which, although a supranational court, has jurisdiction to accept parties’ designation to act as an arbitral tribunal. The EAC has not yet developed a supranational community law based regime for enforcing foreign arbitral awards. The current dominant regime for enforcing such awards is the New York Convention. The article examines how the convention has been applied in the partner states and discusses aspects of the existing jurisprudence that demand reconsideration. It examines the suitability of applying the convention regime to awards from the EACJ, and the case for harmonizing the legal regimes for enforcing foreign arbitral awards within the EAC.

Locus Standi of Individuals and Non-State Entities Before Regional Economic Integration Judicial Bodies in Africa

2010 ◽  
Vol 18 (2) ◽  
pp. 143-169 ◽  
Author(s):  
Henry Onoria
Keyword(s):  
Economic Integration ◽  
Regional Economic Integration ◽  
East African ◽  
Regional Economic ◽  
East African Community ◽  
Locus Standi ◽  
Eastern And Southern Africa ◽  
The 1960S ◽  
The Right

Economic integration efforts in Africa have been ongoing since the 1960s. In spite of the fact that judicial bodies – in the form of Courts and Tribunals – have been provided as key institutions in integration treaties, they have largely not been active in application of the treaties or addressing disputes within the economic blocs until after 2000. This was partly a result of the failure in the timely establishment of the Courts and Tribunals and partly a result of the absence or limited role of individuals and non-State entities in the integration process (and, under certain treaties, of the right of access to the Courts and Tribunals). In the past decade, mainly through protocols to the treaties, the role of individuals and non-State entities in integration has been greatly enhanced, including the grant of locus standi before the Courts and Tribunals. The recent decisions of the Courts and Tribunals under the regional economic integration blocs, especially the Common Market for Eastern and Southern Africa (COMESA), the East African Community (EAC), the Economic Community for West African States (ECOWAS) and the Southern African Development Community (SADC), have addressed the role and locus standi of individuals and non-State entities that has significant implications for the future of economic integration processes in Africa.

Sign in / Sign up

Export Citation Format

Share Document