Giuseppe Pascale

An Optimistic Perspective on the Proliferation of Human Rights Monitoring Bodies in Africa

Are you already subscribed?
Login to check whether this content is already included on your personal or institutional subscription.

Abstract

Many human rights monitoring bodies coexist in Africa. At a continental level the African Court flanks the African Commission, while at a sub-regional level some jurisdictional organs belonging to the Sub-Regional Economic Communities have progressively extended their competence to human rights disputes. Whether a coordination among these bodies is effectively needed mostly depends on the evaluation of the proliferation of international tribunals from a broader perspective. In this paper, my aim is to contribute to demonstrating that, if one regards the proliferation of international tribunals as a positive phenomenon, the said need decreases or disappears. For these purposes, first of all, I introduce the African Commission and the African Court. Thereafter, I focus on the development of the human rights competence of the three most representative sub-regional jurisdictional organs (the SADC Tribunal, the EAC Court of Justice and the ECOWAS Court of Justice). After ascertaining the lack of provisions governing the relationships between these organs, I dwell on the methods of coordination proposed by some scholars. In the last paragraph, I suggest that such coordination is not actually necessary

Keywords

  • Proliferation of International Tribunals
  • Overlapping Jurisdictions
  • Coordination Rules Among International Courts and Tribunals
  • African Human Rights System
  • African Court on Human and Peoples' Rights
  • African Sub-regional Jurisdictional Organs

Preview

Article first page

What do you think about the recent suggestion?

Trova nel catalogo di Worldcat