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International Court Authority$
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Karen J. Alter, Laurence R. Helfer, and Mikael Rask Madsen

Print publication date: 2018

Print ISBN-13: 9780198795582

Published to Oxford Scholarship Online: September 2018

DOI: 10.1093/oso/9780198795582.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 19 January 2021

The East African Court of Justice

The East African Court of Justice

Human Rights and Business Actors Compared

(p.59) 3 The East African Court of Justice
International Court Authority

James Thuo Gathii

Oxford University Press

This chapter discusses how human rights advocates and business actors resort to the East African Court of Justice (EACJ). The EACJ has intermediate authority at a thin-elite level in human rights cases because urban-based, human rights nongovernmental organizations, pro-democracy activists, and governmental officials recognize the legally binding nature of the EACJ’s human rights cases and give effect to its rulings. Human rights advocates have litigated cases in the EACJ, even though the EACJ does not have explicit jurisdiction to decide human rights cases. Business actors in general, and the East African Business Council (EABC) in particular, have eschewed litigating before the EACJ. Over the last decade the EABC has pursued an administrative strategy embodied in the NTB Monitoring Mechanism for monitoring, reporting, and removing nontariff barriers (NTBs). Also discussed is the first case filed by a business actor in 2017 relating to an alleged violation of the EAC’s trade rules.

Keywords:   human rights advocates, business actors, East African Court of Justice, human rights cases, East African Business Council, NTB Monitoring Mechanism, nontariff barriers

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