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Hossou and Adelakoun v. Republic of Benin

African Court on Human and Peoples’ Rights.  25 September 2020 ; 02 December 2021 .

Published online by Cambridge University Press:  09 February 2023

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Abstract

States — Sovereignty — States’ withdrawal of declaration under Article 34(6) of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court, 1998 — Right of a State with respect to treaties — Right to enter and right to withdraw

International tribunals — African Court on Human and Peoples’ Rights — Direct connection of case’s merits to provisional measures request — Whether an application to institute proceedings before the Court void if unsigned

International tribunals — Jurisdiction — Whether the African court having jurisdiction to decide on/revoke State’s decision to withdraw its declaration under Article 34(6) of the Protocol — Whether State declarations accepting the jurisdiction of the African Court optional

Treaties — Interpretation — Withdrawal — Whether State’s withdrawal an act of sovereignty and a unilateral act — Whether State’s withdrawal matter of treaty law — Consent — Rights of States

Human rights — Whether State’s withdrawal of its declaration under Article 34(6) of the Protocol constituting a regression of rights — Whether depriving State’s citizens of a regional judicial redress mechanism through its withdrawal a human rights violation — Whether State declarations under Article 34(6) of the Protocol conferring subjective rights on individuals and non-governmental organizations

Type
Case Report
Copyright
© Cambridge University Press & Assessment 2023

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