
Contents
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1. Introduction 1. Introduction
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2. The Role of the Courts under the Founding Treaties 2. The Role of the Courts under the Founding Treaties
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2.1 The Court of Justice of the Common Market for Eastern and Southern Africa (COMESA) 2.1 The Court of Justice of the Common Market for Eastern and Southern Africa (COMESA)
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2.2 The Court of Justice of the Communauté Economique et Monétaire de l’Afrique Centrale (CEMAC) 2.2 The Court of Justice of the Communauté Economique et Monétaire de l’Afrique Centrale (CEMAC)
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2.3 The East African Court of Justice (EACJ) 2.3 The East African Court of Justice (EACJ)
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2.4 The ECOWAS (Economic Community of West African States) Community Court 2.4 The ECOWAS (Economic Community of West African States) Community Court
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2.5 The SADC (Southern African Development Community) Tribunal 2.5 The SADC (Southern African Development Community) Tribunal
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3. Notable Cases Decided by the EACJ, ECOWAS Court, and SADC Tribunal 3. Notable Cases Decided by the EACJ, ECOWAS Court, and SADC Tribunal
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3.1 The East African Court of Justice (EACJ) 3.1 The East African Court of Justice (EACJ)
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3.2 The ECOWAS Court 3.2 The ECOWAS Court
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3.3 The SADC Tribunal 3.3 The SADC Tribunal
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4. The Challenges Faced by the Courts and the Efforts to Overcome Them 4. The Challenges Faced by the Courts and the Efforts to Overcome Them
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4.1 Underutilization 4.1 Underutilization
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4.2 Resistance to Pressures from Member States 4.2 Resistance to Pressures from Member States
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5. Conclusion 5. Conclusion
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24 The Human Right to a Clean Environment and the Jurisprudence of International Courts and Tribunal
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10 The Growth of Regional Courts and the Judicial Settlement of Inter-State Disputes in Africa
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Published:January 2024
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Abstract
There are currently five regional courts in the African continent: the East African Court of Justice (EACJ); the Common Market for Eastern and Southern Africa (COMESA) Tribunal, the Southern African Development Community (SADC) Tribunal, the Central African Economic and Monetary Community (CEMAC) Court of Justice, and the Economic Community of West African States (ECOWAS) Court of Justice. They all came into being in the last twenty years or so. They were established under the treaties creating the five regional economic communities (RECs). Each regional economic community has, as a result, a judicial mechanism for the settlement of disputes which may arise from its founding treaty. Some of the courts also have other functions. The question arises, however, whether the multiplication of judicial institutions has led to an increased resort to the judicial settlement of inter-state disputes in Africa before African courts. This chapter will address this question as well as others relating to regional courts in Africa and the judicial settlement of disputes in the continent.
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