scholarly journals The principle of subsidiarity in jurisdiction of courts of subregional economic organizations in Africa on human rights

2020 ◽  
pp. 10-28
Author(s):  
Anna Vladykina
Keyword(s):  
Human Rights ◽  
National Court ◽  
Legal Protection ◽  
Judicial Discretion ◽  
East African ◽  
East African Community ◽  
Judicial Practice ◽  
Economic Organizations ◽  
Protection Of Human Rights ◽  
African Community

This article examines whether the framework of judicial discretion or commensurable doctrines of judicial respects found access to jurisdiction in the area of human rights of the three subregional courts created in the context of regional economic communities: Court of the Economic Community of West African States; East African Community Court; and Tribunal of Southern African Development Community. The author also examines the relevance of the rights of depletion of internal means of legal protection as a separate manifestation of subsidiarity in their judicial practice. The author briefly describes the key institutional parameters for each court, the role of procedural subsidiarity in form of depletion of the norm on internal means of legal protection, as well we presence or absence of substantial subsidiarity through formulation of the limits of judicial discretion. The presence of subsidiarity in form of the limits of judicial discretion is an important condition for further work of the courts of subregional economic communities in Africa on protection of human rights, since the presence of “judicial respect” with regards to the decisions of national court and political-legal decisions of the participating countries is a key to recognition and likelihood of execution of rulings of the courts of subregional economic communities on the territory of participating countries of the corresponding communities.

scholarly journals THE IMPACT OF THE DECISIONS OF THE COURT OF THE EAST AFRICAN COMMUNITY ON THE NATIONAL LEGISLATION OF THE MEMBER STATES OF THE EAST AFRICAN COMMUNITY

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Gulnara R. Shaikhutdinova ◽  
Anna U. Vladykina
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
Positive Contribution ◽  
East African ◽  
Member States ◽  
East African Community ◽  
Human Rights Protection ◽  
Protection Of Human Rights ◽  
African Community ◽  
The Impact

The subject of this article is the jurisprudence of the Court of the East African Community in cases related to the protection of human rights. The article examines in detail the jurisprudence, which, to some degree, influenced changes in legislation in some member states of the East African Community, and in some cases prevented further violations of human rights. The authors also raise the issue of the lack of jurisdiction of the East African Court to consider complaints related to human rights violations. The authors pay particular attention to the human rights situation in Burundi, Kenya, Rwanda, and Uganda, which has developed since the Court has passed decisions. The authors also raise the issue of the place and importance of the Court of the East African Community in the regional system of human rights protection in Africa, highlight the positive contribution of the Court to the human rights situation in the subregion. The article demonstrates the existence of complex, controversial problems, the further functioning of the court of the East African Community as a quasi-judicial body for the protection of human rights depends on the need to solve it. The solution to these problems depends to a large extent on whether member states can agree to sign a protocol that gives the Court jurisdiction to handle complaints related to human rights violations in the subregion

scholarly journals Judicial procedural issues of choosing an effective method of legal protection in civil cases

2021 ◽  
pp. 67-75
Author(s):  
Andrii Shabalin
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Specific Method ◽  
Judicial Discretion ◽  
The Rule Of Law ◽  
European Court ◽  
Legal Nature ◽  
Procedural Code ◽  
Protection Of Human Rights ◽  
Civil Cases

Keywords: civil procedural protection, court effective way of protection, civilprocess The article is devoted to the study of Civil Procedureaspects of the court's application of a proper and effective method of protecting aviolated right within the frame of its own judicial discretion. Attention is paid to thestudy of the legal nature of civil protection, existing doctrinal positions, as well as thelegal and regulatory environment. The features of the exercise of discretionary powersby the court regarding the use of an effective method of protecting violated privatelaw have been established. It is indicated that the court is empowered to choose an effectivemethod of legal protection exclusively within the limits of the statement ofclaim — claims are detailed. It is emphasized that when choosing an effective methodof protection, the principle of the rule of law must be observed, in accordance with theprovisions of Article 10 of the Civil Procedural Code of Ukraine (“CPCU”). This meansthat an effective method of legal protection must be correlated with the provisions ofthe Convention for the protection of human rights and fundamental freedoms and thecase law of the European Court of Human Rights. This universal provision applies toall cases of claim proceedings, namely the claim, which are decided by the rules ofcivil procedure. The peculiarity of the court's use of an effective method of protectionin civil cases is that it can choose an effective method of legal protection only in courtcases in which the claim is considered, as well as when the law or agreements do notdetermine the effective method of legal protection. On the basis of the conducted scientificresearch, the author has developed own gradation of legal criteria of choice bycourt of an effective way of legal protection at consideration of civil cases. Such a gradationis universal for all cases considered by the court under the rules of civil procedure.Exceptions to the above regarding the application of a specific method of protectionare cases related to compensation for damage caused to an individual as a resultof withdrawal of an insolvent bank from the market or liquidation of the bank.

scholarly journals The legal status of the East African Community (EAC)

2018 ◽  
Vol 22 (3) ◽  
pp. 369-383
Author(s):  
Lily N Njenga
Keyword(s):  
International Law ◽  
Legal Status ◽  
East African ◽  
Regional Organizations ◽  
East African Community ◽  
The Rule Of Law ◽  
Economic Organizations ◽  
History Of ◽  
African Community ◽  
The Eu

The history of the “metamorphosis” of the East African Community (hereafter the EAC), though for the period of over a decade, is not so different from other international regional organizations. For example, the European Economic Community (hereafter the EEC) also underwent some ‘transformation’ before eventually becoming the EU[49]. More particularly, the article reflects on the early stages of the formation of the EAC, its early challenges and how it may have overcome them to attain its present status. Further, the article reflects on the roles and functions of the East African Community organs and institutions and at the same time touch on the important documents as legal instruments that have been adopted and ratified by the partner states. Additionally, the article will reflect on how effective the EAC has been in its commitment to observe the principles of democracy, the rule of law and social justice so as to show that the EAC stands out from other regional economic organizations in the continent. In conclusion this article will show that the history of the existence of the EAC and its re-establishment in 2000, give grounds to embrace its legal status especially following one of their objectives to form a federation among other principles listed in the treaty, which are in line with the general principles of International law.

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.

Human Rights in the Context of Deepening Integration of East African Community (EAC)

2013 ◽  
Vol 5 (2) ◽  
pp. 47-73 ◽  
Author(s):  
Richard MUKO OCHANDA ◽  
◽  
Paul KISOLO WAKINYA ◽  
William OMONDI ODIPO ◽  
◽  
...  
Keyword(s):  
Human Rights ◽  
East African ◽  
East African Community ◽  
African Community

The East African Community

1972 ◽  
Vol 16 (3) ◽  
pp. 345-363 ◽  
Author(s):  
Paulo Sebalu
Keyword(s):  
Common Market ◽  
East African ◽  
Regional Organizations ◽  
East African Community ◽  
Long Period ◽  
Economic Organizations ◽  
The People ◽  
Military Conflicts ◽  
African Community ◽  
The Many

It is claimed by many students of economic organizations that the East African Community is unique in the whole world and is one of the most integrated and most advanced of regional organizations for economic and political co-operation. This may well be so if it is compared with thoseorganizations which have sprung up during recent decades in an effort to stem military conflicts. To the many generations of East Africans who have grown up with the idea of co-operation through common services of railways, posts and telegraphs, airways, currency, customs and numerous others, this is not unique. In fact, considering the long period over which the States have been co-operating, the people had expected much more in 1967 than a mere “common market”—they wanted, and still want, a federation, at the least.

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.    

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