Human Rights Protection by International Courts – What Role for the East African Court of Justice?
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Date
2018
Authors
Milej, Tomasz P.
Journal Title
Journal ISSN
Volume Title
Publisher
Edinburgh University Press
Abstract
The present article argues that the East African Court of Justice (EACJ), although originally not conceived as a human rights body, has a role to play as a protector of human rights in the East African region. It underlines the contribution the EACJ could make in spelling out jurisprudential standards for human rights protection in the specific regional context and suggests enhancing judicial dialogue between the EACJ and increasingly assertive national courts of the East African Community Partner States. Drawing upon the existing jurisprudence of the EACJ, the article also discusses the treaty basis for the Court's human rights jurisdiction, the standard of review, the various doctrines the Court uses, the Court's accessibility, the time limits for individual references, the burden of proof and the nature of the EACJ's judgments.
Description
Article
Keywords
East African Community, East African Court of Justice, Human Rights, Judicial Dialogue, Judicial Law-making, Public Interest Litigation, Rule of Law
Citation
Milej, T. P. (2018). Human rights protection by international courts–what role for the East African Court of Justice?. African Journal of International and Comparative Law, 26(1), 108-129.