East African Court Of Justice Research Articles

Sub-regional Courts and the Recusal Issue: Emergent Practice of the East African Court of Justice

Copyright @ 2012 African Society of International and Comparative Law / Edinburgh University Press.

Human Rights within the Context of Deepening Integration of the East African Community (EAC)

Monetary and political union is the eventual aim of the East African Community (EAC)’s deepening integration efforts. The region already became a common market in the year 2010. With this common market, it is hoped that production factors can move freely within the region whose total population is 130 million.The East African Community Treaty of 1999 which was amended in 2007 created various structures to aid the deepening integration efforts. These structures included the East African Legislative Assembly (EALA), East African Court of Justice (EACJ) and the East African Secretariat (EAS). The treaty further made provisions on the East African trading regime; monetary and financial cooperation; infrastructure, science and technology; movement of peoples; food security; environmental management; tourism; wildlife; cultural activities; social welfare; promotion of women and political cooperation.The treaty however was silent on the issue of human rights and corruption. This study recommends that the EAC region adopts the human rights and anti corruption agendas in their deepening integration efforts culminating in the suggestion for the the formation of the East African Human Rights and Anti Corruption Commission (EAHRACC).

Parallel jurisdiction of courts: the view from the EACJ

This article discusses the challenges emanating from parallel jurisdictions affecting the East African Court of Justice (EACJ). In the process of the regional integration, a number of factors may limit the action of the EACJ. Internally, the parent organization to the EACJ continues to establish other dispute resolution mechanisms which erode the jurisdiction of the Court. Externally, there is the African Union which is a continental organization whose membership includes the EAC Partner States and which has got a court and other quasi‐judicial bodies with overlapping jurisdiction. There are also other regional groupings which share Member States with the EAC which have got regional courts with concurrent jurisdiction. The parallel jurisdictions within the EAC or external to the EAC have the characteristics of undermining the unity of the Community law. As regards the concurrent jurisdiction of external judicial or quasi‐judicial bodies, there is need for establishment of some working relationship between the regional and the continental dispute resolution mechanisms.