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The Initial Research Of The East African Community Court

Posted on:2011-05-25Degree:MasterType:Thesis
Country:ChinaCandidate:L C YangFull Text:PDF
GTID:2166330332964491Subject:International law
Abstract/Summary:PDF Full Text Request
East African Community (EAC) since its second establishment in 2001, ranks among the important regional organizations in Africa, one of the East African Community. East African Community Court of Justice is the unique judicial body whose duty is to ensure that the treaty are fulfilled, be responsible for the interpretation of related treaty, judge the cases relating to economy and offer legal advice. With the economic contacts between China and the East African Community becoming closer and closer, the contradictions and conflicts in Sino-African trade will be inevitable. Chinese companies will be likely to take the roads of the East African Community Court of Justice of the Court. So when it comes to dealing with the dispute resolution in the Sino-African trade, the East African Community Court of Justice will play an important role.The establishment of the court of the East African Community is necessary and feasible. The necessity is based on the need of its development, and the feasibility is that it's not only be influenced by the regional organizations, but also it has the jurisdiction cultural foundation of making the regional organizations uniform. The organizational structure of the East African Community Court of Justice includes the Audit Department and the Registry. The organization structuring of the Audit Department includes the qualification and tenure of judges, temporary personnel system, the judges'duty, the trial court and Court of Appeal. The Registry is the East African Community Court's agency to deal with administration affairs. East African Community Court of Justice's jurisdiction includes appellate jurisdiction and advisory jurisdiction. The appellate jurisdiction is its basic jurisdiction, but the advisory jurisdiction plays a special and important role. East African Community's rules about proceedings include application procedures, pretrial procedures, trial procedures, judicial procedures and evidence to assist the implementation of the system. As the special needs of the East African Community, the East African Community Court of Justice also has an arbitration function. The East African Community Court of Justice with an independent tribunal, the tribunal of first instance arbitration system implemented, has a specific arbitration program. The functions of the East African Community Court of Arbitration and litigation functions are fully independent. When the East African Community Court exercises the functions of arbitration, the court becomes a Court of Arbitration or the arbitral tribunal.As the biggest bright spot, openness is characterized by the East African Community Court, and it mainly reflects in a wide range of consulting, a variety of participants, broad grounds of appeal and further expansion of jurisdiction. Therefore, Chinese enterprises, from the beginning to establish trade relations with the East African Community, should pay full attention to the function of the East African Community Court of Justice. Before the economic disputes submitted to the court of the East African Community, Chinese enterprises should fully respect and learn the laws of the East African Community. After the economic disputes submitted to the East African Community Court of Justice, the Chinese enterprises should use the legal weapons to combat actively. Because of the East African Community Court of Justice on the documentary was very strict, Chinese companies must also focus on the formal requirements of documents. When forced to the trade disputes about Africa, Chinese enterprises should take full advantage of the East African Community Court of Justice's role in promoting Sino-African trade.
Keywords/Search Tags:The East African Community Court, jurisdiction, procedural rules, open feature
PDF Full Text Request
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