Kassa, Hamid (2016) Individuals’ Gateway to the COMESA Court of Justice: Prospects and Challenges. Masters thesis, Addis Ababa University.
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Abstract
The place and concern given for Individual access to the court under the treaty could be taken as a revelation for the contemporary trend that Regional integration arrangements are going beyond interstate obligations and establish a legal regime which has to provide for the protection of private parties. This trend has been largely displayed in community laws of regional economic integrations. However, irrespective of the general feature of community law, most of African RECs are found reluctant to implement the establishing Treaty of their respective regional organizations in a way it will allow Individuals‟ participation. Apparently, for a long time to date the judicial organ of these organizations, starting from the EACJ, CCOJ to the suspended SADC tribunal are involved in another business than what they are established for. It is very recent development and indeed a positive progress that the CCOJ accept cases from private parties and decide on matters related to trade and service. This development of the CCOJ with all its challenges is believed to shift the existing paradigm of community laws and its effect to the domestic laws of member States and their nationals as well. This study examine the influence created and must to create by the COMESA‟s legal regime over member States and other regional economic blocs. In addition, apart from the progress, factors responsible for low rate of individuals participation in the legal system also be assessed. V
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | H Social Sciences > H Social Sciences (General) |
| Divisions: | Africana |
| Depositing User: | Kabiru Wallace Ndung'u |
| Date Deposited: | 17 Jun 2019 13:08 |
| Last Modified: | 17 Jun 2019 13:08 |
| URI: | http://thesisbank.jhia.ac.ke/id/eprint/9302 |
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