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

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.

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

Pascale G
2018-01-01

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.
File in questo prodotto:
File Dimensione Formato  
(2018) An Optimistic Perspective on the Proliferation of Human Rights Monitoring Bodies in Africa.pdf

non disponibili

Dimensione 324.08 kB
Formato Adobe PDF
324.08 kB Adobe PDF   Visualizza/Apri

I documenti in ARCA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10278/3724823
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? 1
social impact