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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The enforcement and recognition of judgments and other forms of legal cooperation in the SADC
Author:Thomashausen, André
Periodical:The Comparative and International Law Journal of Southern Africa
Geographic term:Southern Africa
international cooperation
Abstract:This article considers legal cooperation within the Southern African Development Coummunity (SADC). The fourteen SADC member States show considerable legal diversity. There are domicile and nationality countries; common law, Belgian, and Portuguese-oriented legal systems; some with a Roman-Dutch law heritage; and, finally, countries which have followed socialist law reform and those that have not. Moreover, within the region there are at least two overlapping organizations: the Southern African Customs Union (SACU), made up of Botswana, Lesotho, Namibia, Swaziland and South Africa; and the supra-national grouping - the Community of Portuguese Speaking Countries (CPLP) - comprising Angola and Mozambique and five non-Southern African countries. In the Windhoek SADC Treaty of July 1992, the then 10 founding members agreed on the broad objectives of providing economic growth, political stability and security through the promotion of self-sustaining development by means of 'collective self-reliance and inter-dependence of member States'. These goals cannot be achieved without improved forms of legal interaction, legal cooperation, and ultimately legal harmonization. SADC itself has been unable to draft and propose, or even to conclude, any regional legal cooperation agreements. An SADC legal Sector Committee, established in 1998 under the responsibility of Namibia, has thus far considered cooperation only in criminal law matters and internal issues such as the establishment of an SADC Tribunal. The institutional reform of SADC and the revision of the Treaty which are currently under consideration may soon re-direct priorities. Annex: Council of Europe Conventions on Legal Cooperation (selected), notes, ref.