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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The Proposed African Court of Justice: Jurisprudential, Procedural, Enforcement Problems and beyond
Author:Peter, Chris M.ISNI
Periodical:East African Journal of Peace and Human Rights
Notes:biblio. refs.
Geographic term:Africa
Subjects:African courts
Inter-African Relations
Law, Human Rights and Violence
Politics and Government
African Court of Justice
Justice, Administration of
human rights
Abstract:From a jurisprudential perspective, the most important institution defined under the treaty establishing the African Economic Community (AEC) in June 1991 is the African Court of Justice. This paper examines the Court, looking at the following questions: What are the main features of the Court? Are the provisions of the AEC treaty in relation to the establishment of the Court adequate? Will this type of Court effectively deal with the intricate problems facing the African continent? In establishing an African Court of Justice, what provisions should the treaty include to answer the call of the people of Africa who seek an effective mechanism to address the ills plaguing their continent? Some of the areas which the proposed Court should be empowered to address include the protection of human and peoples' rights; the settlement of boundary disputes; the combatting of mercenaries; and the protection of the environment. Problems likely to confront the Court in the process of its establishment include: appointments to the Court and Court procedures; the seat of the Court; the enforcement of decisions made by the Court; the issue of finance; and the 'noninterference in internal affairs' clause. The main argument of the paper is that the African Court of Justice as it is presently conceived leaves much to be desired. Notes, ref.