I am then wearing my ‘amateur’ hat to metaphorically ask: Is Kenya’s strategy terrible? To critically answer this question, I first consider the effect of the non-appearance of Kenya in the hearing on the merits of the case. Second, I look into the withdrawal of the declaration accepting compulsory jurisdiction the ICJ and what that means for the present case as well as for future disputes. Third, I provide concluding remarks.
August 19, 2019
One would be justified in thinking that AU member states have intentionally created a court which they consciously know they would hardly use given the inertia identified above. If the reforms that would extend standing to private parties are not undertaken, there is little guarantee that Member States will suddenly change their habits. Assuming for once that they trigger the mechanism, it is also very likely that, consistent with their practice for political solutions to legal problems, they would not proceed beyond the consultation and good offices stages provided in Articles 7 and 8 of the Dispute Settlement Protocol.