Author: Gary Moore

Date: 24 July 2018

A 1992 Treaty established the Southern African Development Community (“SADC”) to promote growth and development. All subcontinental countries up to Tanzania and DRC are members. The Treaty declares that member states must observe human rights and the Rule of Law, and not discriminate on racial or ethnic grounds.

The Treaty established a Tribunal to ensure adherence to the Treaty by adjudicating disputes referred to it. It also established a Summit of heads of government that would adopt a Protocol setting out the Tribunal’s powers.

The Summit in 2000 adopted a Protocol stating that the Tribunal had jurisdiction not only in disputes between states, but also between individuals or companies and states.

(Read the rest of the article at the Free Market Foundation…)

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Gary Moore

Gary Moore BA LL.B. (Witwatersrand) LL.M. (UC London) is a South African lawyer and Senior Researcher at the Free Market Foundation.

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