JURISDICTIONAL OVERLAPS IN TRADE AND INVESTMENT DISPUTES SETTLEMENT IN THE EAC: REFLECTIONS ON THE EAST AFRICAN COURT OF JUSTICE’S ‘CONSTRAINED JURISDICTION’

Augustus Mutemi Mbila* and Edmond Shikoli

Abstract

This study seeks to examine the jurisdiction of the East African Court of
Justice (EACJ) to hear and determine trade and investment disputes within
the East African Community (EAC) in line with its principle of having a people-centred and market-based community. The research is anchored on
the hypothesis that the jurisdiction of the EACJ to determine commercial
disputes arising out of trade and investment activities within the region is
constrained. The study establishes that there exist parallel dispute resolution mechanisms whose effect is to constrain the jurisdiction of the EACJ
to hear commercial disputes within the EAC. This in turn affects both the
consistency and predictability of trade and investment jurisprudence in
the EAC. These mechanisms include the East African Committee on Trade
Remedies, the EAC Competition Authority, arbitral tribunals within national jurisdictions of Partner States, and dispute resolution mechanisms of other regional economic communities (RECs) where EAC Partner States are
also members. The study recommends treaty amendments to restate the
Court’s jurisdiction and also to accord it exclusive original and appellate jurisdiction in matters of relevance to trade and investment