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Relevant bibliographies by topics / East African court of justice (EACJ / Journal articles

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Journal articles on the topic 'East African court of justice (EACJ'

Author: Grafiati

Published: 4 June 2021

Last updated: 7 February 2022

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1

Milej, Tomasz P. "Human Rights Protection by International Courts – What Role for the East African Court of Justice?" African Journal of International and Comparative Law 26, no. 1 (2018): 108–29. http://dx.doi.org/10.3366/ajicl.2018.0222.

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The present article argues that the East African Court of Justice (EACJ), although originally not conceived as a human rights body, has a role to play as a protector of human rights in the East African region. It underlines the contribution the EACJ could make in spelling out jurisprudential standards for human rights protection in the specific regional context and suggests enhancing judicial dialogue between the EACJ and increasingly assertive national courts of the East African Community Partner States. Drawing upon the existing jurisprudence of the EACJ, the article also discusses the treat

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2

Taye, Mihreteab Tsighe. "The Role of the East African Court of Justice in the Advancement of Human Rights: Reflections on the Creation and Practice of the Court." African Journal of International and Comparative Law 27, no. 3 (2019): 359–77. http://dx.doi.org/10.3366/ajicl.2019.0279.

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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 a

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3

Oppong, Richard Frimpong. "The East African Court of Justice, Enforcement of Foreign Arbitration Awards and the East African Community Integration Process." Journal of African Law 63, no. 1 (2019): 1–23. http://dx.doi.org/10.1017/s0021855318000293.

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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

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4

Possi, Ally. "An Appraisal of the Functioning and Effectiveness of the East African Court of Justice." Potchefstroom Electronic Law Journal 21 (October 23, 2018): 1–42. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a2311.

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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 ga

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5

Kamau, Ndanga. "Media Council of Tanzania and Others v. Attorney General of the United Republic of Tanzania (East Afr. Ct. J.)." International Legal Materials 59, no. 5 (2020): 849–72. http://dx.doi.org/10.1017/ilm.2020.36.

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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).

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6

Chula, Liza. "East African Court of Justice and Human Rights Jurisdiction: Drawing the Line." Strathmore Law Review 3, no. 1 (2018): 1–23. http://dx.doi.org/10.52907/slr.v3i1.100.

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Human rights in Africa have gradually gained a place of recognition few could have foreseen only a decade ago. With the promotion and protection of human rights entrenched deep in the African Charter on Human and Peoples’ Rights, African states have a duty to uphold this principle in the larger goal of regional economic integration. The East African Court of Justice (EACJ), a regional court, has thus assumed the role of a watchdog in breathing life into these provisions, safeguarding the rule of law and ensuring everyone plays by the rules. It is unfortunate that these watchdogs can then lack

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7

Mbila, Augustus. "Implementation of East African Community Law by Partner States: A review of relevant laws." Strathmore Law Review 5, no. 1 (2020): 111–38. http://dx.doi.org/10.52907/slr.v5i1.120.

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On 30 November 1999, the Heads of State of the East African Community met in Arusha, Tanzania, and concluded the Treaty for the establishment of the East African Community. The Treaty came into force on 7 July 2000. The founding members of this Community were Kenya, Uganda, and Tanzania. Rwanda and Burundi acceded to the Treaty in 2007 while South Sudan acceded to the Treaty in 2016. While the treaty has the potential of promoting unity among the partner states, this is threatened by the fact that it fails to address how Partner States should implement it. A critical analysis of the jurisprude

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8

Nalule, Caroline. "Defining the Scope of Free Movement of Citizens in the East African Community: The East African Court of Justice and its Interpretive Approach." Journal of African Law 62, no. 1 (2018): 1–24. http://dx.doi.org/10.1017/s002185531700033x.

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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

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9

Bahalaokwibuye, Christian Bahati. "Perspectives sur l’indépendance de la justice arbitrale en Afrique subsaharienne. Les influences croisées entre la Cour Commune de Justice et d’Arbitrage (CCJA) et l’East African Community’s Court of Justice (EACJ)." KAS African Law Study Library - Librairie Africaine d’Etudes Juridiques 6, no. 1 (2019): 114–30. http://dx.doi.org/10.5771/2363-6262-2019-1-114.

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Le présent article pose les perspectives sur les influences opportunes et mutuelles des systèmes arbitraux de la CCJA et l’EACJ dans la promotion de l’indépendance des arbitres. İl montre que, tout comme pour l’EAC, l’abitrage figure déjà dans le Traité de l’OHADA comme le mode de règlement des différends en vue d’améliorer le climat des investissements sur les territoires des Etats parties. La CCJA n’est pas un tribunal arb itral. Son intervention est placée en aval, comme juge de contrôle de la sentence bien qu’elle ne se contente pas d’un contrôle minimal. L’EACJ, qui a retenu l’option du c

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10

Olowofoyeku, Abimbola A. "Sub-regional Courts and the Recusal Issue: Emergent Practice of the East African Court of Justice." African Journal of International and Comparative Law 20, no. 3 (2012): 365–87. http://dx.doi.org/10.3366/ajicl.2012.0041.

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11

Odermatt, Jed. "Patterns of avoidance: political questions before international courts." International Journal of Law in Context 14, no. 2 (2018): 221–36. http://dx.doi.org/10.1017/s1744552318000046.

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AbstractInternational courts (ICs) have found themselves dealing with issues that are ‘political’ in nature. This paper discusses the techniques of avoidance ICs have developed to navigate such highly political or sensitive issues. The first part discusses some of the key rationales for avoidance. Drawing on the discussion of the political question doctrine in US constitutional law, it shows how ICs may justify avoidance on both principled and pragmatic grounds. It then discusses the different types of avoidance strategies employed by ICs, based on examples from the Court of Justice of the Eur

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12

Possi, Ally. "Striking a balance between community norms and human rights: The continuing struggle of the East African Court of Justice." African Human Rights Law Journal 15, no. 1 (2015): 192–213. http://dx.doi.org/10.17159/1996-2096/2015/v15n1a9.

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13

Oseni, Umar Aimhanosi. "Sharī‘ah court-annexed dispute resolution of three commonwealth countries – a literature review." International Journal of Conflict Management 26, no. 2 (2015): 214–38. http://dx.doi.org/10.1108/ijcma-06-2012-0050.

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Purpose – The purpose of this study is to examine the legal framework for court-annexed dispute resolution in courts with Sharī‘ah jurisdiction in Nigeria, Malaysia and Singapore. The major part of the study is dedicated to propose reforms in the administration of justice system in the courts with Sharī‘ah jurisdiction in Nigeria and the relevance of such reforms to the ongoing reforms in the Middle East and North African (MENA) countries. Design/methodology/approach – This is an integrative literature review, which adopts a comparative approach in analyzing the conceptual framework of amicabl

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14

Phooko, Tshidi. "The Direct Applicability of SADC Community Law in South Africa and Zimbabwe: A Call for Supranationality and the Uniform Application of SADC Community Law." Potchefstroom Electronic Law Journal 21 (March 27, 2018): 1–34. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a1758.

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The Southern African Development Community Tribunal (SADC Tribunal) became operational in 1992 and delivered several judgments against Zimbabwe. Some of those decisions are yet to be enforced. The attempt to enforce them contributed to the demise of the SADC Tribunal. The tension between community law and domestic law, international law and national law, and community law and international law is as old as the hills. The monist and dualist theories of international law assist in attempting to clarify the nature of the relationship between international law and municipal law. However, there is

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15

Francis, Davis. "The Role of Regional Tribunals in Treaty Interpretation (the Trend of East African Court of Justice (Eacj) in Treaty Interpretation." SSRN Electronic Journal, 2016. http://dx.doi.org/10.2139/ssrn.3625881.

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16

Lando, Victor. "The domestic impact of the decisions of the East African Court of Justice." African Human Rights Law Journal 18, no. 2 (2018). http://dx.doi.org/10.17159/1996-2096/2018/v18n2a2.

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17

Nalule, Caroline. "Defining the Scope of Free Movement of Citizens in the East African Community: The East African Court of Justice and Its Interpretative Approach." SSRN Electronic Journal, 2016. http://dx.doi.org/10.2139/ssrn.2819966.

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18

Taye, Mihreteab. "The Role of the East African Court of Justice in the Advancement of Human Rights: Reflections on the Creation and Practice of the Court." SSRN Electronic Journal, 2018. http://dx.doi.org/10.2139/ssrn.3289079.

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19

van der Mei, Anne Pieter. "The East African Community: The Bumpy Road to Supranationalism - Some Reflections on the Judgments of the Court of Justice of the East African Community in Anyang' Nyong'O and Others and East African Law Society and Others." SSRN Electronic Journal, 2009. http://dx.doi.org/10.2139/ssrn.1392709.

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20

Possi, Ally. "The Draconian Time Limitation Clause Against Private Litigants of the East African Court of Justice: A Commentary on Steven Dennis Case." SSRN Electronic Journal, 2017. http://dx.doi.org/10.2139/ssrn.3017160.

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21

M. Muriithi, Peter. "The Place of International Arbitration in East Africa: A Case Study of the Effectiveness of the East African Court of Justice as an International Arbitral Tribunal." SSRN Electronic Journal, 2019. http://dx.doi.org/10.2139/ssrn.3829076.

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22

Taye, Mihreteab. "Human Rights, the Rule of Law and the East African Court of Justice: Lawyers and the Emergence of a Weak Regional Field." SSRN Electronic Journal, 2020. http://dx.doi.org/10.2139/ssrn.3552608.

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