Abstract
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.
Published Version
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