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Critics argue that a court might be paralyzed by the same problems that have beset the African Commission. On the one hand, it appears that the Court has discretion ro grant or deny individual and NCO access at will. A Comparative Study of the African and the European.

They reduce uncertainty by authorizing temporary deviations from treaty rules if exigent circumstances arise. African Charter, it has played an important role as an interpretive tool for, for example, the African Court. The right to claw back clauses for?

OAU, meaning that member states of the OAU were not legally bound by the provisions of the Elections Declaration. The resolution of this issue will depend on how the Commission chooses to interpret the conflicting provisions.

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Although much criticism aimed at the African Charter is justified and the initial need for an African Charter has been questioned due to existing human rights instruments, the Charter caters specifically for the African continent.

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In contrast to the ADC, which specifically defines the events that constitute an unconstitutional change of government, the ODC does not contain a similar definition.

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