The Common Court of Justice and Arbitration (CCJA) is the supranational, apex court of the Organization for the Harmonization in Africa of Business Laws (OHADA), an organization that currently covers seventeen countries in West and Central Africa. OHADA is the French-language acronym for this organization’s title and specifically refers to harmonization; nevertheless, the organization’s purpose...

The touchstone of the judgement of the Court of Justice in Gourmet has to be seen as a revolution of Article 28. It provides particularly significant new insights into the criteria of this Article. In this judgement, the court of Justice has begun to use a more realistic and flexible approach instead of formalistic method. It is a revolution that replaces the selling arrangement with market acc...

there are two different contradictory approach regarding the interaction of the state immunity and jus cogens. some jurist argue that jus cogens rules should prevail over other inconsistent ordinary rules of international law including state immunity. this argument therefore depends upon the existence of conflict between rules of jus cogens, and the rule of customary law which requires one stat...

Abstract Within their different mandates, the ICJ and ICC have decided on compensation for mass atrocities, including same factual scenarios related dual state/individual responsibility. However, no publication has examined these developments jointly comparatively. Thus, this article seeks to determine how both courts are should be developing jurisprudence atrocity cases. This suggests that two...

Few contest that the European Court of Justice (ECJ) is an unusually influential international court.1 The Court can declare illegal European Union (EU) laws and national laws that violate the Treaty of Rome in areas traditionally considered to be purely the prerogative of national governments, including social policy, gender equality, industrial relations, and competition policy, and its decis...