The effectiveness of international judicial system a case study of the great lakes region
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Date
2015-06
Authors
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Publisher
Kampala international international: School Of Law
Abstract
The international legal system faces major challenges in the areas of recognition of legal judgments. Effectiveness in terms of development of norms and jurisprudential rulings, jurisdiction, and locus stamina’s such, a general default in performing judgmental obligations was to seen as a problem to the international judicial system, as was to the perception that such international judicial systems are meant to defeat local sovereign countries by entrenching western legal maxims and practices as opposed to local, cultural, standards. This is the problem of cultural relativism, which pits the international legal system against municipal systems. Further, international judicial systems also face the challenge of' monism, where, the rules, laws and principles applied at such are not codified in the local laws, and as such, the judgments will not be enforced, and the jurisprudence so set shall not be followed, rendering the international judicial decisions toothless. The objectives of the study was to analyses the effectiveness of international judicial system. Specifically. The study sought to analyze the challenges facing international judicial system generally: to understand the relationship between international judicial system and national judicial system: to analyze the effectiveness of international courts in East Africa; and to offer recommendations of dispute resolution by international judicial system. Out of this analysis. the paper founds that there are gaps in jurisdiction lapses and mandates, with special reference to human rights areas, as well as gaps in administrative structures of the region' courts. Evidenced by tenure, and staffing. Further, jurisprudence effects of the courts are still developing, with the exception of ICTR. The study recommends that there be amendments of the treaties establishing the courts to ensure human rights subject matter jurisdiction is ingrained in the authority of the courts. Further, there is need few clear statement of delay of justice, as well as related administrative bottlenecks.
Description
A thesis is presented to the school of law, Kampala international University, in partial fulfillment of the requirement for the A ward of a degree of bachelor of laws (llb)
Keywords
International Law, International judicial system, Great lakes region