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Netherlands International Law Review
Article . 2016 . Peer-reviewed
License: Springer TDM
Data sources: Crossref
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The New SADC Tribunal: Or the Emasculation of an International Tribunal

Authors: Konstantinos D. Magliveras; Gino J. Naldi;

The New SADC Tribunal: Or the Emasculation of an International Tribunal

Abstract

In 2010 the leaders of the Southern African Development Community (SADC) took the contentious decision to suspend its Tribunal, established in 2000, following an important judgment against Zimbabwe. In 2014 a new Protocol on the Tribunal was adopted. The 2014 Protocol is controversial for many reasons. It sets up what is effectively a new judicial organ, with a new membership and a strictly limited jurisdiction. Under the original Protocol the Tribunal’s jurisdiction included disputes between Member States and the SADC, and preliminary references, but crucially it also extended to disputes brought by natural or legal persons against Member States. This Tribunal thus interpreted its role as protecting the rights and interests of SADC citizens. Under the new 2014 Protocol its contentious jurisdiction is limited to inter-State disputes. Born under a shadow, the 2014 Protocol is held to be inadequate to meet the needs of a regional organization committed to economic development and integration, to democracy and to peace and security.

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citations
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
2
Average
Average
Average
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