Mirage in the Desert: Regional Judicialization in the Arab World

Cesare P.R. Romano, “Mirage in the Desert: Regional Judicialization in the Arab World”, in Ignacio de la Rasilla del Moral and Jorge Viñuales (eds.), Experiments in International Adjudication, Cambridge University Press, 2018, pp. 169-190

Loyola Law School, Los Angeles Legal Studies Research Paper No. 2019-37

29 Pages Posted: 31 Oct 2019

Date Written: October 29, 2019

Abstract

This is the version sent to the publisher, before editing, of Cesare P.R. Romano, “Mirage in the Desert: Regional Judicialization in the Arab World”, in Ignacio de la Rasilla del Moral and Jorge Viñuales (eds.), Experiments in International Adjudication, Cambridge University Press, 2018, pp. 169-190. Please, cite to the published book.

This chapter tells the little-known story of six regional courts that Arab states tried to establish since World War II. They are: the Arab Court of Justice; the Arab Investment Court; the Arab Court of Human Rights; the Islamic Court of Justice; the Judicial Body of the Organization of Arab Petroleum Exporting Countries; and the Court of Justice of the Arab Maghreb Union.

None of these bodies is a successful instance of regional judicialization. In short, the Arab Court of Justice and the Islamic Court of Justice never managed to become reality. Although the Statute of the Arab Court of Human Rights was adopted, it remains to be seen whether it will ever enter into force. The Judicial Body of the OAPEC and the Arab Investment Court exist only on paper. The former has been inactive for more than 20 years and is probably now defunct, while the latter has been used in recent years, but is rarely resorted to. Finally, the Court of Justice of the Arab Maghreb Union never received a single case and should be considered for all practical purposes defunct.

The chapter concludes with a discussion of some of the factors that seem to have pushed Arab states to try to create regional courts and tribunals and some of the reasons why these bodies have failed to come into being or be effective.

Keywords: Arab Court of Justice, the Arab Investment Court, the Arab Court of Human Rights, the Islamic Court of Justice, the Judicial Body of the Organization of Arab Petroleum Exporting Countries, Court of Justice of the Arab Maghreb Union, Arab League, Adjudicative Bodies.

Suggested Citation

Romano, Cesare P.R., Mirage in the Desert: Regional Judicialization in the Arab World (October 29, 2019). Cesare P.R. Romano, “Mirage in the Desert: Regional Judicialization in the Arab World”, in Ignacio de la Rasilla del Moral and Jorge Viñuales (eds.), Experiments in International Adjudication, Cambridge University Press, 2018, pp. 169-190, Loyola Law School, Los Angeles Legal Studies Research Paper No. 2019-37, Available at SSRN: https://ssrn.com/abstract=3477379

Cesare P.R. Romano (Contact Author)

Loyola Law School Los Angeles ( email )

919 Albany Street
Los Angeles, CA 90015-1211
United States

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