KABARAK UNIVERSITY

SCHOOL OF LAW

KLS 310
INTERNATIONAL REGIONAL INTEGRATION LAW
Course Outline
Facilitated by Mr. Edmond Shikoli, LLM (UDSM); LLB (Moi); Dip KSL
Email: shikoli@[Link]
Phone: 0708177688
[Consultation hours: Every Friday, 11 – 2 pm)

General description of the course

This course seeks to create an understanding of the legal aspects of regional

integration, using East African Community as a reference point. The students
will undergo an intellectual journey of understanding the nature and rational
of regional integration, forms and types of regional integration, theories of
regional integration, and how these apply particularly to the East African
Community.

Students will also be taken through aspects of Public International Law as it

applies to regional integration. For example, regional economic communities
are creations of treaties. For this reason, treaty making as it is provided for
under the Vienna Convention on the Law of Treaties (1969) will be revisited.

In addition, the course will examine a range of regional economic

communities in Africa and other parts of the globe in a comparative
perspective. Notable regional economic communities are the European
Union, the Caribbean Community (CARICOM), COMESA, SADC, and the
African Economic Community (AEC).
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The mode of delivery will be through lectures; class
presentations/discussions. In addition to the reading materials provided
other materials will be sent (as the case may be) in advance of the class and
learners are expected to read the materials before the class.

The mode of assessment will be as follows: Course work entailing Group

presentations and written CAT (s) - 30% and Final Examination - 70%.

At the end of this course, the learner should be able to:

1) Discuss the concept of regional integration and the legal environment

within which it operates
2) Critically examine the theory, nature and forms of regional integration
3) Understand the legal instruments that establish regional economic
communities
4) Appraise the regional and global contexts in which regional integration
operates
5) Analyze the legal, institutional and normative framework of regional
integration in East Africa including the pillars and principles of
integration, the EAC Treaty, the Customs Union, the Common Market,
the Common Currency and the Political Federation
6) Explain the challenges of regional integration in East Africa
7) Project the future of regional integration in East Africa and propose
cogent and viable reforms to the integration process

CORE READING MATERIALS

Saasa, O. S. (ed) (1991). Joining the Future: Economic Integration and Co-
operation in Africa, Joining the Future. Nairobi: ACT Press.

Bryan, A. T. & Ludwik, D. (Eds) (1990). International Institutions in Trade and

Finance, Graduate Institute of International Studies, Geneva.

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Bach, C. D. (1999). Regionalisation in Africa: Integration and Disintegration,
James Currey Publishers.

Scheidtweiler, T. & ScholzI (eds) (2004). Worlds Apart: Local and Global
Villages. From Villagisation to Globalisation in One Generation, Nairobi:
Konrad Adenauer Stiftung & KAAD.

OTHER RECOMMENDED READING MATERIALS

BOOKS

Bryan Anthony T, & Ludwik D (1990) (Eds) Regionalism: Comparative

Experience and Prospects, Graduate Institute of International Studies
Geneva

Saasa, Oliver S. (1991) (Eds), Joining the Future: Economic Integration and
Cooperation in Africa, ACTS, and Nairobi Kenya

Hazlewood, Arthur, African Integration and Disintegration: Case Studies in

Economics and Political Union (Oxford University Press 1967).

Kosler, A & Zimmek, M (2008) Elements of Regional Integration: A Multi-

Dimensional Approach

Schiff & Winters, L.A (1998) Dynamics and Politics in Regional Integration
Arrangements. Cambridge University Press.

Lester, S & Mercurio B (2009) Bilateral and Regional Trade Agreements:

Commentary and Analysis. Cambridge University Press

Jose E. Alvarez, International Organizations as Law Makers. Oxford University

Press (Read the Introduction) page 1-17.

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Akiwumi, “The Permanent Tripartite Commission For East African Co-
operation and its Predecessors: A Brief Constitutional Profile

Otieno Aluoko et al, Old Vision-New Plans: Stakeholders’ Opinion on the

Revival of the East African Community, Nairobi Konrad Adenauer Stiftung
2001.

Hoekman & Kostechi, The Political Economy of the World Trading Systems

Stahl Michael, “The EAC. The Role Model for Africa? In Thomas Scheidtweiller
& Ingo Scholz (eds) Worlds Apart: Local and Global Villages. From
Villagisation to Globalisation in one Generation, Konrad Adenauer Stiftung &
KAAD,Nairobi 2004 page 74

SELECTED JOURNAL ARTICLES

A. Hazlewood, “The End of East Africa Community: What are the lessons for
regional integration schemes?” Journal of Common Market Studies, Vol.18,
No.1 (September 1997).

Akiwumi, A.M, “The East African Community,” Journal of World Trade Law.

Ajomo, M.A,” Regional Economic Organization: The African Experience

“International and Comparative Law Quarterly, Vol.25 (Jan 1976).

Otieno-Odek, “Re-Appraising the Framework for Regional Economic

Integration in Africa”.

Ondeng P.G “Integration and the New Partnership for Africa’s Development
(NEPAD)” IN Thomas Scheidtweiler & Ingo Scholz (Eds), Worlds Apart: Local

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As members of Kabarak University family, we purpose at all times and in all places, to set apart in one’s heart,
Jesus as Lord. (1 Peter 3:15)
and Global Villages. From Villagisation to Globalization in one Generation,
Konrad Adenauer Stifung & KAAD, Nairobi, 2004 pg. 67

C.V Vaitsos, ”Crisis in Regional Economic Co-operation among developing

countries: A Survey World Development, Vol.6 (1978).

[Link], “Integration of less developed areas and of areas on different

levels of development” in F. Machlup (ed.) Economic Integration, World Wide,
Regional, Sectoral (London: Macmillan, 1976).

Bella Balassa and Stoutjesdijk, “Economic Integration among developing

countries” Journal of Common Market Studies, Vol.14 (1975/6).

Richard Frimpong Oppong; Legal Aspects of Economic Integration in Africa,

Journal of International Economic Law, Volume 18, Issue 4, 1 December
2015, Pages 935–938:Cambridge University Press.

Geda,A & Kebret,H (2008) Regional Economic Integration in Africa: A Review

of Problems and Prospects with a case study of [Link] of African
Economics [Link]

Mbekeani, K.K (2010) Infrastructure Trade Expansion and Regional

Integration: Global Experience and Lessons for Africa. Journal of African
Economics 19:88-113.

Schiff M & Winters, A (1998) Regional Integration as Diplomacy. World Bank

Economic Review 12: 271-295.

Varnvakidis, A (1998) Regional Integration and Economic Growth. A World

Bank Economic Review.12

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Gathii, JT (2011) African Regional Trade Agreements as Legal Regimes.
Cambridge University Press.

Gathii,JT (May 2007); The Promise of the African Economic Community, Paper
prepared for the University of Minnesota Conference on Developing
Countries in WTO Legal System.

Gathii, JT “A Right to Development Perspective on the Cotonou Partnership

Agreement”. Consultant Report on the Application of the Criteria for Periodic
Evaluation of Global Development Partnership as Defined in MDG goal 8.

Beatrice Kalinda Mkenda,” Is East Africa An Optimum Currency Area”,

Working Economic Paper No.41, University of Goteburg (2001). (Read the
part on the collapse of EAC IN 1977).

Aggrippah Mugomba, “Regional Organizations and African Under

Development: The Collapse of the EAC,” 16 Journal of Modern African
Studies, 261-272 (1978)

Francis Mangeni, Obstacles to Economic Integration in Africa, Working Paper

Series, Action Aid International Africa (2004) page [Link] also page 65-
80

Readings on Tanzania Refusal to participate in the Safaricom IPO

Report of the Committee on Fast Tracking East Africa Federation, submitted

to the Sixth Summit of Head of State of the EAC, 2004 pp.112-200.

Hon. Kinana, A.O, “The Role of the East African Legislative Assembly in
Enhancing Popular Participation and Harmonization of Laws in East Africa.

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Jesus as Lord. (1 Peter 3:15)
[Link] Mulenga, J.N “Linkages Between the EACJ and the National
Courts”. The East African Lawyer, Issue No 5 page 25

Ochieng Benson, Trade, Aid and Conflict in the Horn of Africa: The Role of
the EU-ACP Contonou Partnership Agreement, October 2005.

Kihwelo,P.F “ ACP/EU –EPAs Negotiations :Implications and Complications

For East Africa Countries,” The East African Lawyer, Issue No.9 page 13

Hon. Lady Justice Bosa, S.B, “Towards a Protocol Extending the Jurisdiction of
the EACJ.

Hon. Mushenga N.A “The EAC: Lessons, Challenges and Prospects of East
African Federation”.

Otieno-Odek. Eds, Institutional Framework for an East African Federation,

Nairobi: East African Law Society/Friedrich Ebert Stiftung 2000.

Okello D eds: Towards A Sustainable Regional Integration in East Africa:

Voices and Visions, Nairobi: Konrad-Adenauer-Stiftung 1999.

KEY TREATIES AND STATUTES

Treaty of East Africa Co-operation-1967

Treaty for East African Co-operation Act No. 31 of 1967

The Treaty for the Establishment of the Eat African Community-1999

The Treaty for the Establishment of the East African Community Act -2000

Protocol on the Establishment of the East African Community Customs Union

(2004)

EAC Customs management Act, 2004

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Protocol on the Establishment of the East African Community Common
Market (2009).

Protocol on the Establishment of the East African Community Monetary

Union (2013).

East African Community Appropriation Act (2003-2007).

EAC Legislative Assembly (Powers and Privileges) Act (2003).

The Laws of the Community (Interpretations) Act (2004).
The East African Court of Justice Rules of Procedure (2013).
Vienna Convention on the Law of Treaties (1969)

The Constitution of Kenya, 2010

CASES

1. Okunda v. Republic of Kenya [1970] EA 453

2. Timothy Alvin Kahoho v. Secretary General of The East African
Community [2013] eKLR
3. Legal Brains Trust Limited v. The AG of Uganda, Appeal No. 4 of 2012
4. In the Matter of a Request by the Council of Ministers of the East
African Community, No. 1 of 2008
5. Attorney General of the Republic of Tanzania v. African Network for
Animal Welfare, Appeal No. 3 of 2011
6. Emmanuel MwakishaMjawasi and 748 Others V. AG of Kenya, Appeal
No. 4 of 2011
7. Peter Anyang Nyongo and Others v, AG of Kenya and Others,
Reference No. 1 of 2006
8. Christopher Mtikila v. AG of the United Republic of Tanzania and
Others, Reference No. 2 of 2007

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Jesus as Lord. (1 Peter 3:15)
 9. Attorney General of the Republic of Rwanda v. PlaxedaRugumba,
Appeal No. 1 of 2012
10. Van gend and loose vs Netherlands
11. Flaminio Costa vs Enel
12. Casis de jonis
13. The factor tame

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 COURSE CONTENT

Week 1 INTRODUCTION READINGS

Introducing the course: Balassa, Bela, The Theory of

Economic Integration (Greenwood
1) What is regional integration and East
Press, 1961) (Read pp 173-185). To
African Community Law?
be sent to class.

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 2) Why regional integration law/ Oppong, R.F., Legal Aspects of
Rationale for RECs across the world- Economic Integration in Africa.
political reasons: geographical Cambridge: Cambridge University
consanguinity; economies of scale and Press, 2011. Read Chapter One on
large market size. Social factors: Introduction. The book is not
common historical heritage; - available on soft copy. His Ph.D.
Dissertation, which was literally
3) What are the legal aspects of regional converted into the book, will be
integration? provided.

Examples of regional economic communities; Buscaglia, Edgardo, (1999), “Law

what do students think about the status of and Economics of Development”,
the East African Community Hoover Institute, Stanford
University. Available at
.
[Link]
ndeconomics/0580-law-and-
[Link].

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Jesus as Lord. (1 Peter 3:15)
Week 2 Historical development of the East
African Community(1903-1999)

(Efforts to revive the Community: 1993-

1999; the mediation agreement on the
distribution of assets and liabilities of the
community; November 30, 1999: the birth of
the new EAC)

The concept of a Community law/

Community law defined

Integrationist cases from the European Court

of Justice and the East African Court of
Justice

Week 3 International Legal Framework for Regional Integration

CAT 1

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 INTERNAL STRUCTURE OF THE TREATY Ugirashebuja, E., Ruhangisa, J.,
Week 4 FOR THE ESTABLISHMENT OF THE EAST Ottervanger, T. and Cuyvers, A.,
AFRICAN COMMUNITY (eds.) East African Community
Law: Institutional, Substantive,
Treaty for East African Cooperation, 1967- and Comparative EU Aspects,
EAC 1 Leiden, Boston: Brill NIJHOFF,
Reasons for the collapse of the first EAC 2017. Read Chapter 6 written by
(Preamble of the 1999 Treaty): A non- Chilomba Kamanga and Ally Possi.
functioning Authority; unequal distribution of (softcopy book to be provided)
benefits; allegation of falsification of Kamanga, K.C. and Possi, A.,
accounts; the Nairobi mentality; decline in “General Principles Governing EAC

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Jesus as Lord. (1 Peter 3:15)
 political will; the 1967 Arusha Declaration Integration (pp. 202-216).” In
and the “Common Man’s Charter”; the 1976 Ugirashebuja, E., Ruhangisa, J.,
Entebbe raid; the 1971 attempted coup in Ottervanger, T. and Cuyvers, A.,
Kenya; the 1971 coup in Uganda; the (eds.) East African Community Law:
1971/1978 Chepkube market incidences; the Institutional, Substantive, and
1979 Uganda invasion of Tanzania Comparative EU Aspects, Leiden,
Boston: Brill NIJHOFF, 2017. (To be
Can be a single document or in fragments. provided)
E.g. there are protocols, which are also Johannes Doveling, Hamudi
treaties Majamba, Richard Oppong, and
The Preamble: The nature, strength, binding Ulrike Wanitzek, (eds.),
nature, and importance of preambles in Harmonisation of Laws in the East
treaty interpretation. Are they binding? Why African Community: The State of
do treaties include preambles? Object and Affairs with Comparative Insights
purpose of preambles; interpreting the EAC from the European Union and other
Treaty preamble Regional Economic Communities
Legal capacity/personality of the EAC: Article (Nairobi: Law Africa Publishing (K)
4 of the Treaty Ltd.). Read the Chapter on Law of
Objectives of the EAC: Article 5 Regional Integration: A Case study
Fundamental principles: Article 6 of the East African Community, by
Operational Principles: Article 7 James Otieno-Odek, p. 17. Soft
Organs of the Community copy book to be provided.

Max Hulme, “Preambles in Treaty

Interpretation”, University of
Pennsylvania Law Review, 2016,
Vol. 164. Available at
[Link]

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 1eb/f1fe34efba44a3f27820222f0cd
[Link], accessed on May
31, 2019. To be provided.

Week 5 WEEK 5: IMPLEMENTATION OF THE Ugirashebuja, E., Ruhangisa, J.,

TREATY FOR THE ESTABLISHMENT OF Ottervanger, T. and Cuyvers, A.,
THE EAST AFRICAN COMMUNITY (eds.) East African Community
Monist and dualist debates: Tanzania: Article Law: Institutional, Substantive,
63 (3) (e) of the Constitution of the United and Comparative EU Aspects,
Republic of Tanzania. Kenya: article 2(6) of Leiden, Boston: Brill NIJHOFF, 2017.
the Constitution of Kenya, 2010 Read Chapter 4 on the Scope,
The principle of Direct Effect: Van Gend & Nature, and Effect of EAC Law by
Loos; Article 288 of the Treaty on the John Eudes Ruhangisa
Functioning of the European Union
The Doctrine of Primacy: Between Johannes Doveling, Hamudi
Community Law and State Law; Costa vs. Majamba, Richard Oppong, and
ENEL Ulrike Wanitzek, (eds.),
Powers of organs of the Community: Powers Harmonisation of Laws in the East
of the Summit, Council, EACJ, EALA, etc. African Community: The State of
(overview) Affairs with Comparative Insights
from the European Union and other
Regional Economic Communities
(Nairobi: Law Africa Publishing (K)
Ltd.). Read the Chapter on Legal
Harmonisation in Regional
Economic Communities: Progress,
Inertia or Regress by Richard
Frimpong Oppong.

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Jesus as Lord. (1 Peter 3:15)
Week 6 LEGAL FRAMEWORK OF THE EAST Ugirashebuja, E., Ruhangisa, J.,
AFRICAN COMMUNITY (STAGES OF Ottervanger, T. and Cuyvers, A.,
INTEGRATION FOR THE EAST AFRICAN (eds.) East African Community Law:
COMMUNITY) Institutional, Substantive, and
Comparative EU Aspects, Leiden,
a) Customs Union
Boston: Brill NIJHOFF, 2017. Read
b) Common Market
Chapter 1 on The Road to East
c) Monetary Union
African Integration by Wanyama
d) An overview of the political
Masinde and Christopher Otieno
federation as an integration pillar
Omolo, Chapter on the EAC
The Treaty for the Establishment of the Eat
Common Market by Kennedy
African Community-1999
Gastorn and Wanyama Masinde,
Protocol on the Establishment of the East
Chapter on Free Movement of
African Community Customs Union (2004)
Goods in the EAC by Leonard
EAC Customs management Act, 2004
Obura Aloo, Chapter on Free
Protocol on the Establishment of the East
Movement of Workers in the EAC
African Community Common Market (2009).
by Caroline Kago and Wanyama
Protocol on the Establishment of the East
Masinde, Chapter on Freedom of
African Community Monetary Union (2013).
Establishment and the Freedom to
Provide Services in the EAC by
Kennedy Gastorn, and Chapter on
Free Movement of Capital and East
African Monetary Union by Elvis
Mbembe Binda

Paulo Drummond, Ari Aisen, Emre

Alper, Ejona Fuli, and Sébastien
Walker, “Toward a Monetary Union
in the East African Community:

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 Asymmetric Shocks, Exchange
Rates, and Risk-Sharing
Mechanisms”, International
Monetary Fund. Available at
[Link]
/ft/dp/2015/[Link], accessed
on June 2, 2019. To be provided.

Week 7 INSTITUTIONAL FRAMEWORK OF THE Treaty for the Establishment of the

EAST AFRICAN COMMUNITY East African Community, 1999.
Read Chapters 3-9
EAST AFRICAN COMMUNITY: THE EAC
Ugirashebuja, E., Ruhangisa, J.,
ORGANOGRAM
Ottervanger, T. and Cuyvers, A.,
(eds.) East African Community
Article 9 of the Treaty for the Establishment
of the East African Community Law: Institutional, Substantive,
and Comparative EU Aspects,
Does the Treaty grant these organs legal Leiden, Boston: Brill NIJHOFF,
personality? Can they sue and be sued in
their own capacity? The Reparations 2017. Read Chapter 2 on
case(case study) The Institutional Framework

Immunities and privileges of the organs of of the EAC, written by

the Community. Wilbert Kaahwa Johannes
Doveling, Hamudi
1) The Summit
2) The Council Majamba, Richard Oppong, and
3) The East African Legislative Assembly
Ulrike Wanitzek, (eds.),
Harmonisation of Laws in the East
African Community: The State of
Affairs with Comparative Insights
from the European Union and other
Regional Economic Communities
(Nairobi: Law Africa Publishing (K)

17 | P a g e
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Jesus as Lord. (1 Peter 3:15)
 Ltd.).
Week 8 INSTITUTIONAL FRAMEWORK OF THE Treaty for the Establishment of the
EAST AFRICAN COMMUNITY(Cont) East African Community, 1999.
Read Chapters 3-9
a) The Co-ordination Committee
Ugirashebuja, E., Ruhangisa, J.,
b) The sectoral committee
Ottervanger, T. and Cuyvers, A.,
c) The East African Court of Justice
(eds.) East African Community
d) The Secretariat
Law: Institutional, Substantive,
and Comparative EU Aspects,
Leiden, Boston: Brill NIJHOFF,
2017. Read Chapter 2 on
The Institutional
Framework of the EAC,
written by Wilbert Kaahwa
Johannes Doveling, Hamudi
Majamba, Richard Oppong, and
Ulrike Wanitzek, (eds.),
Harmonisation of Laws in the East
African Community: The State of
Affairs with Comparative Insights
from the European Union and other
Regional Economic
Communities (Nairobi: Law
Africa Publishing (K) Ltd.). Read
the Chapter on An Enquiry into
the Achievements and Challenges
of East African Legal Integration
by Khoti Chilomba Kamanga

Week 9 CAT 2

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Jesus as Lord. (1 Peter 3:15)
Week 10 1. Principles of the Community

Week 11 1. Progress, Francis Mangeni, Obstacles to

2. Prospects, Economic Integration in Africa,
3. Challenges of the East African Working Paper Series, Action Aid
Community International Africa (2004) page 13-
[Link] also page 65-80

Read the Chapter on An Enquiry

into the Achievements and
Challenges of East African Legal
Integration by Khoti Chilomba
Kamanga

Week 12 DISPUTE RESOLUTION MECHANISMS IN Biukovic, L., “Dispute Resolution

THE EAST AFRICAN COMMUNITY Mechanisms and Regional Trade
Jurisdictional overlap: Multiple membership Agreements: South American and
of Member States of EAC in multiple RECs; Caribbean Modalities,” University of
dispute resolution mechanisms under the California, Davis 14, no. 2 (2008)
Customs Union Protocol; dispute resolution 255-296
mechanisms under the Common Market
Protocol; the East African Community Hillman, J., “Conflicts Between
Competition Authority; arbitration Dispute Settlement Mechanisms in
Regional Trade Agreements and the
The East African Court of Justice: WTO: What Should WTO Do?,”
Composition; jurisdiction over trade and Cornell International Law Journal 42,
investment disputes; jurisdiction to hear no 2 (2009): 193-208
applications between natural persons within
the EAC; between natural persons and Hooghe, L., Bezuijen, J.,

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 private corporations; between natural Derderyan, S., and Coman, E., “The
persons and Rise of Supranational Courts in
public International Organizations.
corporations/government institutions of Unpublished Manuscript (2014)
Partner States; between natural persons
and EAC organs; between public Jo, H. and Namgung, H., “Dispute
corporations within the EAC; between Settlement Mechanisms in
private corporations (including multinational Preferential Trade Agreements:
corporations) and public corporations, and Democracy, Boilerplates, and the
between private corporations (including Multilateral Trade Regime,” Journal
multinational corporations) and EAC organs of Conflict Resolution 56 no. 6,
(2012): 1041-68
Kiplagat, K., “Dispute Recognition
and Dispute Settlement in
Integration Processes: The COMESA
Experience,” Northwestern Journal
of International Law and Business
15, no.3 (1995): 437-490

Kayihura, D., “Parallel Jurisdiction of

Courts and Tribunals: The COMESA
Court of Justice Perspective,”
Commonwealth law Bulletin 35 no.
3, (2010): 583-592, DOI:
10.1080/03050718.2010.500854

Week 13 HUMAN RIGHTS ISSUES IN THE EAST Treaty for the Establishment of the
AFRICAN COMMUNITY East African Community, 1999.

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 The need for regional courts to intervene in Read Article 6 of the Treaty
human rights violations: weakness of HR
Open Society Justice Initiative,
frameworks at national level, etc.
(2015), “Human Rights Decisions of
Region as a tool for achieving certain the East African Court of Justice”,
objectives, e.g. respect for human rights available at
[Link]
Gap in the Treaty for EACJ’s human rights
loads/8e03c4f9-2950-484b-96a2-
jurisdiction
be903b9665e8/case-digests-eacj-
Traces of HR in article 6 of the Treaty
[Link]. To be provided
EACJ’s HR Jurisdiction: The Katabazi case;
Possy, A. Striking a balance
Mukira Mohochi case
between community norms and
Declaratory nature of EACJ’s HR judgments human rights: The continuing
struggle of the East African Court of
Role of the EACJ with regard to Human
Justice, 15 African Human Rights
Rights protection within the EAC
Law Journal (2015): 192-213, p.
, Substantive, and Comparative EU Aspects, 207. To be provided
Leiden, Boston: Brill NIJHOFF, 2017. Read
Tomasz Milej, “Human Rights
Chapter 6 on General Principles Governing
protection by international courts –
EAC Integration by Khoti Kamanga and Ally
What role for the East African Court
Possi
of Justice?” To be provided

Ugirashebuja, E., Ruhangisa, J.,

Ottervanger, T. and Cuyvers, A.,
(eds.) East African Community Law:
Institutional

Week 14 REVISION/EXAMS

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 22 | P a g e
As members of Kabarak University family, we purpose at all times and in all places, to set apart in one’s heart,
Jesus as Lord. (1 Peter 3:15)