Access to commercial justice as human rights in East Africa: challenges and prospects
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Date
2014
Authors
Journal Title
Journal ISSN
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Publisher
University of Dar es Salaam
Abstract
Access to justice is one of the fundamental human rights and recognized in almost jurisdiction reiterated in various international human rights instruments. Access to commercial justice is an equally important category of this right that emulates the concept of fairness and equality in the accessibility to effective and efficient disposal of dispute in commercial transactions. The commercial justice mechanisms availed in the Eastern African jurisdictions have for a long time been viewed as rather discriminatory between the rich and those who cannot afford the costly litigation, the educated and those who educationally are ill equipped and the articulate and those who cannot persuasive advocate for themselves. This work is focused on examining the major barriers to accessibility to commercial justice and the effectiveness of the institutions setup for expansion and consolidation of access to commercial justice. The dissertation id divided in to five chapters. Firstly, a general introduction states the problem. Significance and objectives of a study, review of literature and methodology. Secondly is detailed discussion on the concept of access to justice as a human right and the concept of access to commercial justice in human rights contexts. Chapter three presents an overview of the rights of access to commercial justice in East Africa in right of the community laws and the genesis of the specialized Commercial Divisions. Chapter four discuses pertinent barriers towards accessibility to commercial justice and the opportunities for expansion of access to and consolidation of commercial justice. A conclusion and recommendations on the way forward provided at the end of this work.
Description
Available in printed form, East Africana Collection, Dr. Wilbert Chagula Library, Class mark (THS EAF JC599.A353N58)
Keywords
Human rights, Commercial law, Africa, East
Citation
Njunwa, A.H (2014) Access to commercial justice as human rights in East Africa: challenges and prospects.Master dissertation, University of Dar es Salaam, Dar es Salaam.