Addressing human rights in the court of justice of the Andean Community and the tribunal of the Southern African Development Community

Abstract

The article compares how the regional tribunals of the Andean Community (CAN) and the Southern African Development Community (SADC) have dealt with human rights issues in order to explore options for South-South judicial cooperation through adjudicative cross-fertilization, while taking into account specificities that characterize both regions. In doing so, focus is placed on four elements: a) the scope of human rights covered by each of the regional tribunals; b) the locus standi of individuals before the tribunals; c) the added value of the regional tribunals; and d) the restrictive role of politics in the functioning of the tribunals.