This thesis analyses the enforcement of judgements of the East African Court of Justice. The most generic challenge faced by many international courts is the level of obedience by their member states. The EACJ is not an island to this common reflection. Essentially, international courts are influential only when their decisions are easily complied with and executed by member states. If not, as with the case of the EACJ, then, such an international court will always be on the brink of being toothless and ineffective.
At the end of each reference, the EACJ delivers a judgment. It also issues interim orders carrying a status similar to that of a court judgment. Member States as well as the Council are bound to implement EACJ judgments without delay. But there are no established mechanisms to ensure compliance in the event that a state refuses to implement a decision against it. Since 2005 the EACJ has dealt with more than 190 matters.
What is intriguing in those judgments is tracking the extent to which they have been met with compliance. Member States have not been sanctioned when they have failed to comply with the EACJ's decisions. It is a matter of fact and a matter of principle that the nature of EACJ judgments is declaratory, and this tends to attract noncompliance. The best the Court can offer is to declare violations of the law, give orders for injunctive relief, and award costs to the successful applicants. The costs order depends on the nature of the case. Public interest cases do not attract costs orders.
Inhaltsverzeichnis (Table of Contents)
- CHAPTER ONE. GENERAL INTRODUCTION
- 1.1 BACKGROUND OF THE STUDY
- 1.1.1 The Jurisdiction of EACJ
- 1.1.2 Admissibility requirements
- 1.1.3 Exhaustion of local remedies
- 1.1.4 The draconian two-month rule: An obstacle to accessing justice
- 1.1.5 Relationship between the East Africa Court of Justice and National Courts of member states
- 1.2 PROBLEM STATEMENT
- 1.3 Research questions
- 1.4 RESEARCH HYPOTHESIS
- 1.5 OBJECTIVES OF THE STUDY
- 1.6 RESEARCH METHODOLOGY
- 1.7 SCOPE OF THE STUDY
- 1.8 STRUCTURE OF THE STUDY
- CHAPTER TWO. LEGAL ENFORCEMENT AND APPLICATION OF EAC LAW PLUS THE POSITION OF JURISPRUDENCE THEREON
- 2.1 KEY CONCEPTS
- 2.1.1 Legal enforcement/execution of judgement
- 2.1.2 Enforcement of a judgment
- 2.1.3 Application of EAC Law
- 2.1.4 Jurisprudence
- 2.1.5 Binding nature of judgments
- 2.2 Legal enforcement and Application of EAC Law
- 2.2.1 The EAC Law
- 2.3 The evolving Jurisprudence from the EACJ on interpretation of the Treaty
- 2.3.1 Individuals locus standi
- 2.4 Evolving EACJ Jurisprudence on the Rule of Law and Human Rights
- 2.4.1 The case of Katabazi v Secretary General of the East African Community
- 2.4.2 The aftermath Developments of Katabazi case
- 2.5 Evolving Jurisprudence from Domestic Courts of EAC Member States on Enforcement and implementation of Community Law
- 2.6 Evolving Jurisprudence on Recognition and Enforcement of Foreign Judgments in EAC
- 2.7 Conclusions and Recommendations
- CHAPTER THREE. THE BINDING NATURE OF JUDGMENTS OF EACJ
- 3.1 INTRODUCTION
- 3.2 BINDING FORCE OF JUDGMENTS
- 3.3 THE NATIONAL AUTHORITY EMPOWERED TO EXECUTE COURT'S JUDGMENTS IN EAC MEMBER STATES
- 3.4 THE EXTENT TO WHICH THE EAC STATES VOLUNTARILY EXECUTE THE EACJ JUDGMENTS
- 3.5 THE AVAILABLE MECHANISMS TO ENSURE COMPLIANCE IN THE EVENT THAT A STATE REFUSES TO IMPLEMENT THE COURT'S JUDGMENT
- 3.6 ENFORCEMENT OF DECISIONS IN THE EACJ
- 3.7 THE MECHANISMS AND PROCEDURES IN PLACE TO SANCTION A PARTY THAT FAILS TO IMPLEMENT A JUDGMENT AGAINST IT
- 3.8 A COMPARATIVE APPROACH
- 3.8.1 THE SADC TRIBUNAL: A Brief Background
- 3.8.2 The Mike Campbell Private Ltd V Republic of Zimbabwe (interim decision)
- 3.8.3 Background of this litigation against Zimbabwe
- 3.8.4 Mike Campbell Private Ltd V Republic Of Zimbabwe (merits)
- 3.8.5 Enforcement of the SADC Tribunal Decision
- 3.8.6 The Fick Cases (SADC Tribunal, North Gauteng High Court, Supreme Court of Appeal and the Constitutional Court of South Africa)
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This dissertation aims to analyze the enforcement of judgments from the East African Court of Justice (EACJ). It investigates the challenges and mechanisms related to the implementation of EACJ rulings within member states. The research explores the legal framework governing enforcement, examines relevant jurisprudence, and considers comparative examples from other regional courts.
- Enforcement mechanisms of EACJ judgments within member states
- The role of national courts in enforcing EACJ judgments
- Comparative analysis of regional court enforcement mechanisms
- Obstacles to effective enforcement of EACJ judgments
- The binding nature of EACJ judgments and their impact on regional integration
Zusammenfassung der Kapitel (Chapter Summaries)
CHAPTER ONE. GENERAL INTRODUCTION: This chapter sets the stage for the dissertation by providing background information on the East African Court of Justice (EACJ), including its jurisdiction, admissibility requirements, and the challenges faced in accessing justice, particularly concerning the two-month rule. It establishes the research problem, outlines the research questions and hypothesis, and details the methodology and scope of the study. The chapter concludes by outlining the structure of the dissertation.
CHAPTER TWO. LEGAL ENFORCEMENT AND APPLICATION OF EAC LAW PLUS THE POSITION OF JURISPRUDENCE THEREON: This chapter delves into the key concepts of legal enforcement and the application of East African Community (EAC) law. It explores the evolving jurisprudence of the EACJ, focusing on issues such as locus standi and the interpretation of the EAC Treaty. Significant case law, including the Katabazi case and its aftermath, are analyzed to illustrate the court's evolving approach to the rule of law and human rights. The chapter also examines the jurisprudence of domestic courts within EAC member states on the enforcement and implementation of Community law and the recognition and enforcement of foreign judgments within the region. This comprehensive analysis lays the groundwork for understanding the practical realities and challenges of enforcing EACJ rulings.
CHAPTER THREE. THE BINDING NATURE OF JUDGMENTS OF EACJ: This chapter focuses on the binding nature of EACJ judgments and the mechanisms for ensuring compliance. It identifies the national authorities responsible for executing judgments in member states, and examines the extent of voluntary compliance. The chapter explores available mechanisms for addressing non-compliance, including sanctions for parties failing to implement judgments. A comparative analysis of the Southern African Development Community (SADC) Tribunal is included, specifically examining cases like Mike Campbell Private Ltd v Republic of Zimbabwe and the Fick cases to highlight contrasting approaches to enforcement and the implications for regional integration and the rule of law.
Schlüsselwörter (Keywords)
East African Court of Justice (EACJ), judgment enforcement, EAC law, regional integration, rule of law, human rights, jurisprudence, comparative analysis, SADC Tribunal, locus standi, access to justice.
Frequently Asked Questions: Enforcement of East African Court of Justice Judgments
What is the main topic of this document?
This document is a comprehensive preview of a dissertation analyzing the enforcement of judgments from the East African Court of Justice (EACJ). It examines the challenges and mechanisms involved in implementing EACJ rulings within member states, exploring the legal framework, relevant jurisprudence, and comparative examples from other regional courts.
What are the key themes explored in the dissertation?
Key themes include enforcement mechanisms of EACJ judgments, the role of national courts, comparative analysis of regional court enforcement, obstacles to effective enforcement, and the binding nature of EACJ judgments' impact on regional integration.
What are the chapters and their respective focuses?
Chapter One (General Introduction): Provides background on the EACJ, its jurisdiction, admissibility requirements, and challenges to accessing justice. It establishes the research problem, questions, hypothesis, methodology, and scope. Chapter Two (Legal Enforcement and Application of EAC Law): Explores key concepts of legal enforcement and the application of EAC law. It analyzes the evolving jurisprudence of the EACJ, focusing on locus standi and interpretation of the EAC Treaty. Significant case law (including the Katabazi case) is examined. The chapter also examines domestic court jurisprudence on enforcement and implementation of Community law, and the recognition and enforcement of foreign judgments within the EAC. Chapter Three (The Binding Nature of Judgments of EACJ): Focuses on the binding nature of EACJ judgments and mechanisms for ensuring compliance. It identifies national authorities responsible for execution, examines voluntary compliance, and explores mechanisms for addressing non-compliance and sanctions for non-implementation. A comparative analysis with the SADC Tribunal is included (examining cases like Mike Campbell Private Ltd v Republic of Zimbabwe and the Fick cases).
What specific aspects of the EACJ are examined?
The dissertation examines the EACJ's jurisdiction, admissibility requirements, the "two-month rule," the relationship between the EACJ and national courts, the enforcement mechanisms for its judgments within member states, the role of national courts in enforcement, and the binding nature of its judgments.
What is the significance of the Katabazi case?
The Katabazi v Secretary General of the East African Community case is analyzed as a significant example of the EACJ's evolving jurisprudence on the rule of law and human rights, and its impact on the broader understanding of enforcement mechanisms.
How does the dissertation utilize comparative analysis?
The dissertation employs a comparative analysis of the SADC Tribunal, specifically examining the Mike Campbell and Fick cases, to highlight different approaches to enforcement and their implications for regional integration and the rule of law.
What are the key obstacles to effective enforcement discussed in the dissertation?
The dissertation identifies several obstacles to the effective enforcement of EACJ judgments, although the specific obstacles are not explicitly listed in this preview.
What is the overall conclusion or contribution of this research?
The overall conclusion and contributions are not explicitly stated in this preview; however, the research aims to provide a comprehensive analysis of the enforcement of EACJ judgments, contributing to a deeper understanding of this crucial aspect of regional integration within East Africa.
What are the keywords associated with this dissertation?
East African Court of Justice (EACJ), judgment enforcement, EAC law, regional integration, rule of law, human rights, jurisprudence, comparative analysis, SADC Tribunal, locus standi, access to justice.
- Quote paper
- Paul Turatsinze (Author), 2022, Enforcement of Judgements of the East African Court of Justice. Legal Application and Binding Nature, Munich, GRIN Verlag, https://www.grin.com/document/1285442
