{"title":"既判力和非洲人权和人民权利法院申请的可受理性:重新审视德克斯特·埃迪·约翰逊诉加纳共和国案","authors":"M. J. Nkhata","doi":"10.1163/15718034-12341432","DOIUrl":null,"url":null,"abstract":"\nIn Dexter Eddie Johnson v. Republic of Ghana, the African Court on Human and Peoples’ Rights (the Court), for only the second time in its history, applied Article 56(7) of the African Charter on Human and Peoples’ Rights (the Charter) to declare a case inadmissible. The Court reasoned that the case was inadmissible since the applicant had first approached, and obtained a determination, from the United Nations Human Rights Committee before lodging his case with the Court. This article analyses the Court’s decision and attempts to unpack the Court’s interpretation and application of the doctrine of res judicata, which is the essence of the requirement in Article 56(7) of the Charter.","PeriodicalId":42613,"journal":{"name":"Law & Practice of International Courts and Tribunals","volume":"7 1","pages":"470-496"},"PeriodicalIF":0.5000,"publicationDate":"2020-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Res judicata and the Admissibility of Applications before the African Court on Human and Peoples’ Rights: a Fresh Look at Dexter Eddie Johnson v. Republic of Ghana\",\"authors\":\"M. J. Nkhata\",\"doi\":\"10.1163/15718034-12341432\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\nIn Dexter Eddie Johnson v. Republic of Ghana, the African Court on Human and Peoples’ Rights (the Court), for only the second time in its history, applied Article 56(7) of the African Charter on Human and Peoples’ Rights (the Charter) to declare a case inadmissible. The Court reasoned that the case was inadmissible since the applicant had first approached, and obtained a determination, from the United Nations Human Rights Committee before lodging his case with the Court. This article analyses the Court’s decision and attempts to unpack the Court’s interpretation and application of the doctrine of res judicata, which is the essence of the requirement in Article 56(7) of the Charter.\",\"PeriodicalId\":42613,\"journal\":{\"name\":\"Law & Practice of International Courts and Tribunals\",\"volume\":\"7 1\",\"pages\":\"470-496\"},\"PeriodicalIF\":0.5000,\"publicationDate\":\"2020-11-27\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Law & Practice of International Courts and Tribunals\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/15718034-12341432\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law & Practice of International Courts and Tribunals","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15718034-12341432","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
Res judicata and the Admissibility of Applications before the African Court on Human and Peoples’ Rights: a Fresh Look at Dexter Eddie Johnson v. Republic of Ghana
In Dexter Eddie Johnson v. Republic of Ghana, the African Court on Human and Peoples’ Rights (the Court), for only the second time in its history, applied Article 56(7) of the African Charter on Human and Peoples’ Rights (the Charter) to declare a case inadmissible. The Court reasoned that the case was inadmissible since the applicant had first approached, and obtained a determination, from the United Nations Human Rights Committee before lodging his case with the Court. This article analyses the Court’s decision and attempts to unpack the Court’s interpretation and application of the doctrine of res judicata, which is the essence of the requirement in Article 56(7) of the Charter.
期刊介绍:
The Law and Practice of International Courts and Tribunals is firmly established as the leading journal in its field. Each issue will give you the latest developments with respect to the preparation, adoption, suspension, amendment and revision of Rules of Procedure as well as statutory and internal rules and other related matters. The Journal will also provide you with the latest practice with respect to the interpretation and application of rules of procedure and constitutional documents, which can be found in judgments, advisory opinions, written and oral pleadings as well as legal literature.