Browsing by Author "Lilian, Masalu"

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    An examination of the enforcement and execution of decisions of the East African court of justice by partner states
    (University of Dar es Salaam, 2018) Lilian, Masalu
    The study examines the trend of enforcement of EACJ decisions by Partner States. The study set out to find out whether the trend of compliance with EACJ’s decisions by partner States conforms to the global norms theory or functionalism theory. The research employed field research, library search and internet sources in the collection of data relevant to the study. The study established that there is a mixed trend when it comes to enforcement of the Court’s decisions. The EACJ receives strained, partial enforcement on the one hand and total non-enforcement on the other. The main reason attributed to such a mixed trend is the lack of political will as the nature of EAC integration. Furthermore, despite the treaty putting in place a complimentary mechanism just like in the ECJ, the same has not solved the problem of non-enforcement of EACJ judgements. The Summit and Council of Ministers are mandated to put in place measures to ensure implementation of the Court’s judgements. However, the two organs have to date not taken any initiatives in that direction. The work has concluded that the EACJ conforms to the global norms theory. The study recommends the use of structural interdicts as well as decentralization of the enforcement role of EACJ decisions among other things.