Please use this identifier to cite or link to this item: http://bura.brunel.ac.uk/handle/2438/9071
Title: What should a re-constituted Southern African Development Community (SADC) Tribunal be mindful of to succeed?
Authors: Chigara, B
Keywords: Separation of powers;Reconciliation and reconstruction;Due-account jurisprudence;Land disputes;Rule of law;Human rights;Judicial transplants;Lex specialis;Progressive treaty interpretation;Regional customary international law;Legacy of apartheid;Transitional requirements;Southern African Development Community (SADC) Tribunal
Issue Date: 2012
Publisher: Brill Academic Publishers
Citation: Nordic Journal of International Law, 81(3), 341 - 377, 2012
Abstract: The Southern African Development Community (SADC) is a sub-regional international organisation comprised of 15 transitional States that have embraced the principle of the rule of law as a basic norm of their constitutional arrangements. Their biggest challenge presently is to undo the provocative and salient legacy of social, economic and psychological apartheid on their territories for almost a century, without disrupting their developmental endeavours. This article examines the question of what role if any the SADC Tribunal envisaged under Article 9 of the constitutive SADC Treaty might play to facilitate successful transitions from apartheid to egalitarian rule. It shows that a multiplicity of dialectics abound that do not allow for easy answers, much to the frustration of both the cultural relativists and their rivals, the universalists, regarding human rights protection. The article recommends meaningful pedagogical engagement of the challenges confronting the SADC sub-region as a direct consequence of almost a century of apartheid - the worst form of governance known to man in recent times. This should inform national, sub-regional and regional dynamics in the pursuit of SADC goals and aspirations. SADC Human Rights Courts and Tribunals are encouraged to develop a “due-account jurisprudence” that is congruous with the transitional requirements of their societies just as the German Federal Constitutional Court had done in the aftermath of the fall of the Reich, and also after the re-unification of Germany.
Description: This is the author's accepted manuscript. The final published article is available from the link below. Copyright @ 2012 Koninklijke Brill NV.
URI: http://booksandjournals.brillonline.com/content/journals/10.1163/15718107-08103001
http://bura.brunel.ac.uk/handle/2438/9071
DOI: http://dx.doi.org/10.1163/15718107-08103001
ISSN: 0902-7351
Appears in Collections:Law
Publications
Dept of Politics, History and Law Research Papers

Files in This Item:
File Description SizeFormat 
Fulltext.pdf547.22 kBAdobe PDFView/Open


Items in BURA are protected by copyright, with all rights reserved, unless otherwise indicated.