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The potential successes and weaknesses of the African Court of Human Rights

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  • Essay length: 4005 words
  • Submitted: 09/05/2008
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University Degree International Law

The first 200 words of this essay...

Public International Law Assessment: Critically evaluate the prospects of the African Court of Human Rights becoming a functional and influential judicial body. (Word Limit 2500)

The establishment of an African Court of Human and People's Rights (ACHPR) is a landmark moment in international human rights law. With the recent election of judges to its first bench, there is a growing anticipation for its impact on a continent with a dismal record in human rights violations. However, critics are mindful of the potential barriers to success. In order to assess whether the new ACHPR will become a functional and influential in judicial body, I intend to examine the essential features of the Court and their weaknesses with appropriate references to the ACHPR's European and Inter-American counterparts.

(i) Jurisdiction and Accessibility

The answer to the question of whether the Africa court can be functional and influential depends largely on its jurisdiction because it will determine who will have access to the court and 'what types of violations can be entertained by the court'.1The Protocol of the African Court provides for three heads of jurisdiction for the African Court; contentious, advisory and conciliatory. Each must be examined in light

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