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The SADC tribunal and the judicial settlement of international disputes

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dc.contributor.advisor Botha, N. J. (Neville John), 1951-
dc.contributor.author Zenda, Free
dc.date.accessioned 2011-06-10T11:09:53Z
dc.date.available 2011-06-10T11:09:53Z
dc.date.issued 2010-09
dc.identifier.uri http://hdl.handle.net/10500/4341
dc.description.abstract The Southern African Development Community (SADC) is a regional economic community established by Treaty in 1992 and comprising fifteen southern African countries. The Tribunal, SADC’s judicial organ, is situated in Windhoek, Namibia and became operational in 2005. The Tribunal enjoys a wide mandate to hear and determine disputes between states, states and SADC, and between natural and legal persons and states or SADC. It is mandated to develop its own jurisprudence having regard to applicable treaties, general rules and principles of public international law, and principles and rules of law of member states. Being new in the field, the Tribunal has not as yet developed a significant jurisprudence although it has delivered a number of judgments some of which are referred to in the study. The Tribunal is expected to develop its own jurisprudence having regard to the jurisprudence developed by other international courts involved in the judicial settlement of disputes. The study offers a comparative review and analysis of the jurisprudence of two selected courts: the International Court of Justice (ICJ) and the Court of Justice of the European Union (ECJ). The focus is on four selected areas considered crucial to the functioning of the Tribunal and the selected courts. The study discusses the parties with access to the Tribunal and compares this with access to the ICJ and ECJ. The jurisdiction of the Tribunal is contrasted with that of the two selected courts. The sources of law available to the Tribunal are discussed and contrasted to those of the two courts. Lastly, the enforcement of law in SADC is contrasted to what applies in relation to the selected courts. In each selected area, similarities and differences between the Tribunal and the two courts are noted and critically evaluated. Further, rules and principles developed by the two selected courts are explored in depth with a view to identifying those which could be of use to the Tribunal. Recommendations are made on rules and principles which could be of use to the Tribunal and on possible improvements to the SADC treaty regime. en
dc.format.extent 1 online resource (555 p.)
dc.language.iso en en
dc.subject Settlement of disputes by judicial means
dc.subject Access to the SADC Tribunal
dc.subject Jurisdiction of the Tribunal
dc.subject Sources of law for Tribunal
dc.subject Enforcement of judgments of Tribunal
dc.subject Access to the International Court of Justice (ICJ)
dc.subject Jurisdiction of the ICJ
dc.subject Sources of law for the ICJ
dc.subject Enforcement of ICJ judgments
dc.subject Access to the Court of Justice of the EU (ECJ)
dc.subject Jurisdiction of the ECJ
dc.subject Sources of law for the ECJ
dc.subject Enforcement of EU law
dc.subject.ddc 341.522
dc.subject.lcsh Southern African Development Community
dc.subject.lcsh Dispute resolution (Law)
dc.subject.lcsh Arbitration (International law)
dc.subject.lcsh International courts
dc.subject.lcsh International Court of Justice
dc.subject.lcsh Court of Justice of the European Communities
dc.title The SADC tribunal and the judicial settlement of international disputes en
dc.type Thesis en
dc.description.department Constitutional, International and Indigenous Law
dc.description.degree LL.D.


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