African Jurisprudence for Africa's Problems: Human Rights Norm Diffusion and Norm Generation Through Africa's Regional International Courts

Author granted license

Copyright © American Society of International Law 2016

Document Type

Article

Publication Date

2015

ISSN

0272-5037

Publisher

Cambridge University Press

Language

en-US

Abstract

Africa’s regional and sub-regional human rights courts—including the Economic Community of West African States Community Court of Justice (ECOWAS Court), the East African Community Court of Justice, and the African Court of Human and Peoples’ Rights—are worthy of increased attention from scholars of international law and relations. Groundbreaking decisions are emerging from these institutions, and arguably the decisions of African judges are generating new substantive human rights norms and enforcing heretofore unenforceable human rights. Africa’s regional and sub-regional human rights courts are also worthy of study as comparative cases, that is, worthy of study for the ways in which their design, function, and effectiveness can inform theories and models of human rights norm diffusion and compliance with international law, which are based in large part on study of western institutions.

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