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Falana v. African Union

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International tribunals — African Court on Human and Peoples’ Rights — Access — Limitations on access by individuals — African Charter on Human and Peoples’ Rights, 1981 and its Protocol on the Establishment of the African Court on Human and Peoples’ Rights, 1998 — Requirement under Article 34(6) of Protocol for State to deposit declaration accepting suit by individual — Jurisdiction — Non-State entity — Application of Article 34(6) — African Union — Corporate capacity — Adoption and enactment of Protocol on the Establishment of the African Court on Human and Peoples’ Rights, 1998 — International legal personality — Admissibility of application — Exhaustion of local remedies — Locus standiHuman rights — Duty of State to adopt legislative measures — Right to freedom from discrimination — Right to a fair hearing — Right of access to public property and services — Equality of all persons before the law — Independence of the courts — Power to adopt special protocols or agreements — Whether Article 34(6) of Protocol violating Articles 1, 2, 7, 13(3), 26 and 66 of African Charter on Human and Peoples’ Rights, 1981International organizations — Legal personality — African Union — Capacity to sue and be sued — Whether African Union subject to the jurisdiction of the African Court on Human and Peoples’ Rights — Whether African Union could be held liable for violation of African Charter on Human and Peoples’ Rights — Protocol on the Establishment of the African Court on Human and Peoples’ Rights, 1998
Cambridge University Press (CUP)
Title: Falana v. African Union
Description:
International tribunals — African Court on Human and Peoples’ Rights — Access — Limitations on access by individuals — African Charter on Human and Peoples’ Rights, 1981 and its Protocol on the Establishment of the African Court on Human and Peoples’ Rights, 1998 — Requirement under Article 34(6) of Protocol for State to deposit declaration accepting suit by individual — Jurisdiction — Non-State entity — Application of Article 34(6) — African Union — Corporate capacity — Adoption and enactment of Protocol on the Establishment of the African Court on Human and Peoples’ Rights, 1998 — International legal personality — Admissibility of application — Exhaustion of local remedies — Locus standiHuman rights — Duty of State to adopt legislative measures — Right to freedom from discrimination — Right to a fair hearing — Right of access to public property and services — Equality of all persons before the law — Independence of the courts — Power to adopt special protocols or agreements — Whether Article 34(6) of Protocol violating Articles 1, 2, 7, 13(3), 26 and 66 of African Charter on Human and Peoples’ Rights, 1981International organizations — Legal personality — African Union — Capacity to sue and be sued — Whether African Union subject to the jurisdiction of the African Court on Human and Peoples’ Rights — Whether African Union could be held liable for violation of African Charter on Human and Peoples’ Rights — Protocol on the Establishment of the African Court on Human and Peoples’ Rights, 1998.

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