Regional Court Establishment

Bringing Justice Home. The Road to Final Appellate and Regional Court EstablishmentSummary (2008)

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Regional developing trends Regional courtsand their community law The Caribbean Court of Justice The court and its place in community law The COMESA Court of Justice Relationship between COMESA court and national courts The court and its place in community law The Community Court of Justice of ECOWAS The court and its place in community law

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Regional Court Establishment

Regional developing trends

The association of the practice of law across international borders with that of traditional international tribunals such as the International Court of Justice (ICJ) is now undergoing change with the emergence of regional courts. This is as a result of the thrust of globalisation, which has changed not only the financial landscape of the planet, but has increasingly modified the legal parameters of the traditional forms of justice at the international level and access thereto. At the regional level, the challenges are indeed assuming an energy of their own, and in some respects are in the process of developing regional jurisprudence as a hybrid form of international law within the general body of international law itself 75.

The forerunner of a regional court without doubt has been the Court of Justice of the European Communities, established pursuant to Article 177 of the Treaty of Rome, viz:

'The Court of Justice shall have jurisdiction to give preliminary rulings concerning:

* the interpretation of this Treaty;

* the validity and interpretation of the acts of the institutions of the Community;

* the interpretation of...

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