About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

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

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most