
Contents
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Introduction Introduction
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Part One: The General Characteristics of Africa’s International Courts Part One: The General Characteristics of Africa’s International Courts
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Courts Specializing in International Human Rights Courts Specializing in International Human Rights
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Sub-Regional Courts Specializing in Sub-Regional Economic Law Sub-Regional Courts Specializing in Sub-Regional Economic Law
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Why is there No Judicialization in North Africa? Why is there No Judicialization in North Africa?
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Part Two: Individual Reference Guide to Africa’s International Courts Part Two: Individual Reference Guide to Africa’s International Courts
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The African Court on Human and Peoples’ Rights (ACtHPR) The African Court on Human and Peoples’ Rights (ACtHPR)
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Establishment Establishment
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Jurisdiction Jurisdiction
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Access to the Court Access to the Court
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Composition and Organization Composition and Organization
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The Economic Community for West African States (ECOWAS) Court of Justice The Economic Community for West African States (ECOWAS) Court of Justice
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Establishment Establishment
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Jurisdiction Jurisdiction
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Composition and Organization Composition and Organization
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East Africa Court of Justice (EACJ) East Africa Court of Justice (EACJ)
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Establishment of the Court Establishment of the Court
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Jurisdiction Jurisdiction
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Access to the Court Access to the Court
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Composition and Organization Composition and Organization
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South Africa Development Community (SADC) Tribunal South Africa Development Community (SADC) Tribunal
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Establishment of the Tribunal Establishment of the Tribunal
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Jurisdiction Jurisdiction
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Composition and Organization Composition and Organization
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African Commission on Human and Peoples’ Rights (ACHPR) African Commission on Human and Peoples’ Rights (ACHPR)
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Establishment Establishment
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Jurisdiction Jurisdiction
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Seizure and Admissibility of Individual Communications Seizure and Admissibility of Individual Communications
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Composition and Organization Composition and Organization
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Common Market for Eastern and South Africa (COMESA) Court of Justice Common Market for Eastern and South Africa (COMESA) Court of Justice
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Establishment Establishment
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Jurisdiction Jurisdiction
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Composition and Organization Composition and Organization
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West African Economic and Monetary Union (WAEMU) Court of Justice West African Economic and Monetary Union (WAEMU) Court of Justice
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Establishment Establishment
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Jurisdiction Jurisdiction
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Composition and Organization Composition and Organization
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Organization for the Harmonization of Business Law in Africa Common Court Justice and Arbitration (OHADA CCJA) Organization for the Harmonization of Business Law in Africa Common Court Justice and Arbitration (OHADA CCJA)
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Establishment Establishment
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Jurisdiction Jurisdiction
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Appellate Jurisdiction Appellate Jurisdiction
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Finality of decisions Finality of decisions
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Arbitration Arbitration
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Mediation Mediation
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Composition and Organization Composition and Organization
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Court of Justice of the Central African Economic and Monetary Community (CEMAC) Court of Justice of the Central African Economic and Monetary Community (CEMAC)
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Establishment Establishment
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Jurisdiction Jurisdiction
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The Judicial Chamber of the CEMAC Court of Justice The Judicial Chamber of the CEMAC Court of Justice
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The Accounts Chamber of the CEMAC Court of Justice The Accounts Chamber of the CEMAC Court of Justice
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Sanctions imposed by the Accounts Chamber Sanctions imposed by the Accounts Chamber
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Arab Maghreb Union (AMU) Judicial Organ Arab Maghreb Union (AMU) Judicial Organ
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8 Reference Guide to Africa’s International Courts: An Introduction
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Published:November 2020
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Abstract
This chapter is a general introduction to the eight active international courts in Africa, and the ninth inactive court, the Arab Maghreb Union (AMU) Judicial Organ. The international courts in Africa stem from two sources: from the sub-regional economic integration arrangements and the regional human rights system of the African Union. The African Court on Human and Peoples’ Rights is the regional human rights court in Africa. The chapter presents an overview of the general characteristics of these courts. First, excluding the AMU Judicial Organ, they all allow, or have allowed, cases from individuals and non-governmental organizations (NGOs), in addition to states against states. Second, excluding the African Court for cases by individuals or NGOs, these courts have compulsory jurisdiction. Third, although all of these courts allow states to file cases against each other, bar one exception, there have been none. The guide starts with the human rights-oriented courts: East African Court of Justice (EACJ); Economic Community for West African States (ECOWAS) Community Court of Justice (ECCJ); South African Development Community (SADC) Tribunal; and the African Court and Commission. It then discusses the Common Market for Eastern and Southern Africa (COMESA) Court of Justice, and courts that focus on economic disputes: Organization for the Harmonization of Business Law in Africa Common Court Justice and Arbitration (OHADA CCJA); Court of Justice of the Central African Economic and Monetary Community (CEMAC) Court of Justice; the West African Economic and Monetary Union (WAEMU) Court of Justice; and the least active of them, the AMU Judicial Organ.
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