About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

35 Hum. Rts. Q. 870 (2013)
The Disbanding of the SADC Tribunal: A Cautionary Tale

handle is hein.journals/hurq35 and id is 890 raw text is: HUMAN RIGHTS QUARTERLY The Disbanding of the SADC Tribunal: A Cautionary Tale Laurie Nathan* ABSTRACT In 2011 the heads of state of the Southern African Development Com- munity (SADC) disbanded the SADC Tribunal after the regional court held that the Zimbabwean government's land seizures violated the rule of law. The disbandment reflects SADC's hierarchy of values, in terms of which the organization's formal commitment to human rights and a regional legal order is subordinate to the political imperatives of regime solidarity and respect for sovereignty. The Tribunal saga demonstrates that the jurisdiction of regional courts derives not simply from their official mandates but from an interplay between domestic and regional law and politics. I. INTRODUCTION Many scholars view the adoption of human rights instruments by regional organizations in Africa as a significant development.' These scholars believe that these instruments indicate growing acceptance of human rights principles by African governments and that the instruments will themselves promote * Laurie Nathan is Extraordinary Professor and Director of the Centre for Mediation in Africa at the University of Pretoria. The research undertaken for this article was funded by the Konrad Adenauer Stiftung. The views expressed herein are solely those of the author. 1. See, e.g., Gavin Cawthra, Collaborative Regional Security and Mutual Defence: SADC in Comparative Perspective, 35 POUTIKON 159 (2008); Bronwen Manby, The African Union, NEPAD, and Human Rights: The Missing Agenda, 26 Hum. RTS. Q. 983 (2004); Jeremy Sarkin, The African Commission on Human and People's Rights and the Future African Court of justice and Human Rights: Comparative Lessons from the European Court of Human Rights, 18 SOUTH AFR. J. OF INT'L AFFAIRS 281 (2011). Human Rights Quarterly 35 (2013) 870-892 C) 2013 by Johns Hopkins University Press

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of 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.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most