Applicability of the Rule of Exhaustion of Domestic Remedies - Munderere, Jean Damascere
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The rule of exhaustion of domestic remedies is an international rule daily applied by international and regional courts to mean that such courts require parties to prior submit their litigations to courts of their countries and resort to a supranational court when they have attained the last instance on domestic level and still feeling not satisfied. This rule is important in the sense that it reflects the respect of sovereignty of domestic judicial institutions which are supposed to have dealt with the case according to their national laws applied inside the country. The issue discussed in…mehr

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Produktbeschreibung
The rule of exhaustion of domestic remedies is an international rule daily applied by international and regional courts to mean that such courts require parties to prior submit their litigations to courts of their countries and resort to a supranational court when they have attained the last instance on domestic level and still feeling not satisfied. This rule is important in the sense that it reflects the respect of sovereignty of domestic judicial institutions which are supposed to have dealt with the case according to their national laws applied inside the country. The issue discussed in the present book is that the East African Court of Justice does not apply this rule and consequently admit applications without considering the level of their settlement on national level. This may impact on the diplomatic relations between member countries especially since the state is somehow involved through its courts that are thereby compromised. As legal mechanisms, there is proposed theeventual review of the East African Community protocol to insert such a rule which seems more insuring safe cooperation between member states.
Autorenporträt
Né en 1969 à Gicumbi (Rwanda), Dr. MUNDERERE Jean-Damascène est titulaire de deux doctorats en droit judiciaire et en sciences politiques et d'un PGD en éducation après un LLM et un LLB. Il a plus de 20 ans d'expérience en tant que chargé de cours dans les universités, employé dans la fonction publique, magistrat dans le secteur de la justice et conseiller juridique dans les institutions des droits de l'homme.