This lecture will be based on my recently edited book, The Performance of Africa's International Courts: Using Litigation for Political, Legal, and Social Change, (OUP, 2020). The central claim made in the book is that Africa’s international courts have important impacts that have so far been underemphasized or are entirely ignored in the scholarship on international courts. This book departs from approaches that measure the performance of Africa's international courts based on compliance with or effectiveness of their judgments. The book does so by putting the users of Africa’s international courts and their broader strategies at the center of the analysis. It adopts an-depth case study approach that focuses on how the litigation process in these courts is used by litigants to advance and promote their commitment to their ideals. It delves into the messy world of legal, social and political mobilization. It examines the choices made by activists, litigants, and opposition parties who bring cases before these international courts against those in control of dominant and authoritarian party regimes. In doing so, the book complements the attention to legal and doctrinal questions as well as the challenges of compliance with decisions of these courts that the first generation of scholarship on Africa’s international courts emphasized.
James T. Gathii is the Wing-Tat Lee Chair in International Law and Professor of Law at Loyola University Chicago School of Law since July 2012.
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