The disbanding of the SADC tribunal : a cautionary tale

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Authors

Nathan, Laurie

Journal Title

Journal ISSN

Volume Title

Publisher

Johns Hopkins University Press

Abstract

In 2011 the heads of state of the Southern African Development Community (SADC) disbanded the SADC Tribunal after the regional court held that the Zimbabwean government’s land seizures violated the rule of law. The disbandment reflects SADC’s hierarchy of values, in terms of which the organization’s formal commitment to human rights and a regional legal order is subordinate to the political imperatives of regime solidarity and respect for sovereignty. The Tribunal saga demonstrates that the jurisdiction of regional courts derives not simply from their official mandates but from an interplay between domestic and regional law and politics.

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Keywords

Disbanding, SADC tribunal, Cautionary tale, Southern African Development Community (SADC)

Sustainable Development Goals

Citation

Nathan, L 2013, 'The disbanding of the SADC tribunal : a cautionary tale', Human Rights Quarterly, vol. 35, no. 4, pp. 870-892.