Der Afrikanische Gerichtshof für die Rechte der Menschen und der Völker

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Abstract:

Africa is one out of three continents characterized by a regional human rights system. While the other two, Europe and the Americas, have established regional Courts to safeguard compliance with their continental human rights systems long ago, Africa only recently followed suit. The establishment of the African Court on Human and Peoples' Rights (AfCHPR) was greeted with great enthusiasm by human rights activists and the interested public. Yet, shortly after its establishment the African Union decided to merge the AfCHPR with the African Court of Justice – a Court which at this time merely exists on paper. This decision has significant repercussions on the AfCHPR and curbed the initial enthusiasm that its creation had sparked.

Before taking a closer look at the structure and competences of the AfCHPR the contribution outlines the developments that led to its establishment. Thereafter the merger and the problems arising in this context will be addressed. The prospects of an effective human rights protection through the merged Court will be addressed in the end.

Language: German

Document Type: Research Article

DOI: http://dx.doi.org/10.1628/000389211796966634

Publication date: June 1, 2011

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  • Archiv des Völkerrechts (Archive of Public International Law - AVR) has been founded as a quarterly journal in 1948. With its scientific papers, reports and book reviews, the journal covers the full spectrum of developments in public international law. AVR is a forum for the German-language community of scholars engaged in public international law and aims at entering into a dialogue with its international peers. AVR's content reflects dogmatic and theoretical essentials of public international law as well as developments in international jurisprudence. Legal fields covered range from traditional core questions of public international law as law between states, the laws of armed conflict and the law of international organisations to human rights law, international environmental law, world trade law and international administrative law.

    In the recent past, the comprehensive analysis of particular and universal legal orders as well as the creation of a material international legal order based on principles have been in the spotlight besides contributions on today's conflicts with a public international law angle.

    AVR is published on a quarterly basis with contributions in German, English and French.

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