Review of Acts of International Political Organs: The African Union Approach
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Date
2012-11
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Addis Ababa University
Abstract
Following the judgment of Reparation for Injuries Suffered case, which acknowledged
lOs as bearers of right and obligations in the international plane, the debate about lOs
turned to their accountability in control of their acts. Since lCJ asserted, in the case, lOs
degree of personality only, the conception that their sphere of activity is strictly limited to
the provision of their founding instruments has prevailed. This restriction at times has
been relaxed by tl1e implied powers theOlY Even here, lOs acts can, to the most, go to
those justified by objectives and purposes they pursue. Acts of lOs, thus are required to
be within their mandate. Control to legality and validity of 10 acts has traditionally
managed by the insertion of the doctrinal limitations such as ,"ompltellce d' alllib"tioll,
d01l1oillc reserve, Itltra virus etc. however, lately, institutional mechanislTI are being included
within structures of lOs. These institutions take either political or judicial form.
Whichever is preferred, the institution reviews acts of oilier internal bodies within the
organization. Seen froll1 this point of view, the present siuwoon of lOs is not unifarnl. In
some lOs, institutional control is neglected delib erately. In some others the political
means is chosen in remaining some others, judicial review is established. This study looks
at the review system of the African Union. Specifically control system of the union
against acts of the political organs is investigated. It is evident that starting from the eve
of the transformation to AU onwards, the continental organization has reorgaruzed itself
to reach the goals it aims to achieve. The study thus discusses the review of the system
and argues that from the perspective of the revitalized objectives of the union and
present state of international law, a number of important elements are dropped from
being incorporated though the existence of the system by itself is very radical to the
(OlAU.
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Review of Acts of International Political Organs