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11 Afr. J. Legal Stud. 1 (2018-2019)

handle is hein.journals/ajls11 and id is 1 raw text is: AFRICAN JOURNAL OF LEGAL STUDIES 11 (2018) 1-32 AFRIN OF L jAL BRILL STU: NIJIH OFF brill.com/ajIs The Short Happy Life of the SAD C Tribunal: the Perils of Regional Integration in Southern Africa MwizaJo Nkhata, LL.D Free State Centre for Human Rights, University of the Free State, South Africa mwizankhata@gmailcom Abstract Under the Treaty Establishing the Southern African Development Community (the Treaty) one of the institutions of the Southern African Development Community (SADC) was the Southern African Development Community Tribunal (the Tribunal). The Tribunal was established as the sole judicial organ of SADC. The Tribunal was es- tablished as part of the reorganisation of regional integration efforts within Southern Africa. The global atmosphere prevailing at the time the Tribunal was established, to- gether with the lofty statements in the SADC's founding instruments, suggest that there was a regional commitment to the ideals of human rights, rule of law and democracy among SADC member States. The Tribunal's life, however, was short-lived. This paper analyses the prospects and lessons for regional integration within the SADC region from the perspective of the disbanding of the Tribunal and attempts to decipher the implications of the disbanding for regional integration in Southern Africa. Keywords regional integration - SADC Tribunal - international law -jurisdiction - human rights I Introduction One of the institutions of the Southern African Development Community (SADC), as per article 9(g) of the Treaty Establishing the Southern African Development Community, (the SADC Treaty or the Treaty) is the ( KONINKLIJKE BRILL NV, LEIDEN, 2019 DOI:10.1163/17087384-12340026

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