Dispute Resolution Frameworks and the Menace Stranding African Regional Integrations

A Case Study of the SADC Tribunal

Abstract

Regional integration forms the world’s cooperation in safeguarding economies and political stability. Integration faces legal issues for determination in implementing the formed objectives necessitating intervention by conflict resolution organs. On the part of the SADC, there exists a Tribunal to fascinate some principles under the United Nations Charter under article 1(3) targeting at resolving international disputes in safeguarding human dignity and all forms of freedoms. Establishment of such an organ aimed at preventing perseverance of any likelihood that seems to endanger or impair maintenance and subsistence of international peace and security under article 33(1) of the Charter of the United Nations. Despite establishment of the SADC Tribunal with a number of cases heard and determined, execution of the decreed findings has constantly remained a nightmare. This article determines efficacy of the Tribunal and the way forward. With regard to the methodology, a comparative analysis method to the European Union has been invoked with some theoretical recommendations accorded towards appropriate legislative and institutional frameworks suiting the international benchmarks. Findings and recommendations for legal and institutional reforms for the sake of improving efficacy and sustainability of the integration have been accorded with some local content based scholarships emulated from the EU mode.