The Locus Standi Of Individuals And Entities Before Regional Economic Integration Judicial Bodies In Africa

Regional economic integration efforts in Africa have been ongoing since the 1960 s. And a strong judicial body has a great significance of the African economic integration. Although the judicial functions of the regional judicial bodies have been provided in the regional integration treaties, they have largely not been active in application of the treaties or addressing dispute within the regional economic blocs until after 2000.This was partly result of the failure in the timely establishment of the courts and tribunals, partly result of the absence of the right of individuals and non-state entities to access the regional courts and tribunals. With the disputes in the African regional economic integration, the role of the individuals and non-state entities has been largely enhanced. In the past decades, the regional integration treaties and protocols have been revised, including the grant of locus standi to the individuals and non-state entities before the regional courts and tribunals, it has been provided in the recent decisions of the courts and tribunals. Especially the Common Market for Eastern and Southern Africa(COMESA), East African Community(EAC), the Economic Community for West African States(ECOWAS) and the Southern African Development Community(SADC), they have addressed the role and locus standi of individuals and non-state entities. This paper analyzes the signification of the locus standi of the individuals and non-state entities. With the research of the judicial functions of the African regional courts and tribunals, the regional integration treaties and protocols, and the improvement of the locus standi of individuals and non-state entities, the significant implications of the grant of the locus standi of individuals and non-state entities for the future of economic integration processes in Africa. The key part of this paper is third chapter and fifth chapter, this part analyzes the cases of COMESA Court, EAC Court, ECOWAS Court, SADC Tribunal, the locus standi of individuals and non-state entities in the judicial practice, the problem of exhaustion of local remedies, public interest, action popularis, and certain key concerns on the locus standi of individuals and non-state entities under the integration treaties.