Abstract: The multiplicity of Legal Systems is a fact, but it is still necessary to specify the extent of this phenomenon and its true meaning. Each State has its own Legal System in our world, and sometimes, even different Legal Systems can be enforced concurrently within the same State. Some non-State Communities have also their own Systems, such as Canon Law, Muslim Law, Hindu Law, and Jewish Law. There is also an International Law which aims to regulate the relations between States or those of International Trade. The Study sought to conduct a Comparative Study of the two Principal Legal Systems and determine their effect on Conflict Resolution Practice at the African Court on Human and Peoples ‘Rights. The aim is to provide a guide through diversity and to facilitate the task of the Jurist or any individual who, for one reason or another, may be interested to know this or that foreign Legal System. The Study revealed that the African Court on Human and Peoples ‘Rights is mainly applying International Law and International Humanitarian Law in its Dispute Resolution Practice. In addition, the Court is considering the application of the African Charter on Human and Peoples ‘Rights, the Protocol to the African Charter on Human and Peoples ‘Rights on the Establishment of an African Court on Human and Peoples ‘Rights, the Court Rules of Procedure and any other Relevant International Legal Instrument ratified by the State-Parties. Talking about the two Principal Legal Systems, it has been observed that many of the Principles of the Common Law System are recognized under International Law and International Human Rights Norms which the Court upholds. Regarding the respective influence of the two Principal Legal Systems, the tendency is that the Common Law System predominates. The Court is drawing inspiration more from Common Law System than from the Civil Law System. In other words, the Court does not directly apply any of the two Systems. It is inspired by them case by case. On another note, it has been proven that a combination of both Common Law System and Civil Law System creates flexibility and at the same time legal certainty.
Keywords: Legal Systems, Common Law System, Civil Law System, Conflict Resolution Practice, Legal Instruments, The Charter, The Protocol, Rules of the Court, International Law, International Humanitarian Law, Comparative Analysis.
Title: A COMPARATIVE STUDY OF THE TWO PRINCIPAL LEGAL TRADITIONS AND THEIR EFFECT ON CONFLICT RESOLUTION IN AFRICA; CASE STUDY OF THE AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS
Author: Alice Nijimbere, Dr. Samuel Obino Mokaya
International Journal of Social Science and Humanities Research
ISSN 2348-3156 (Print), ISSN 2348-3164 (online)
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