oa Comparative and International Law Journal of Southern Africa - The enforcement and recognition of judgments and other forms of legal cooperation in the SADC
|Article Title||The enforcement and recognition of judgments and other forms of legal cooperation in the SADC|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 Institute of Foreign and Comparative Law, UNISA|
|Publication Date||Mar 2002|
|Pages||26 - 37|
|Keyword(s)||Angola, Belgium Law, Botswana, Community of Portuguese Speaking Countries, Conventions on legal cooperation, Council of Europe, CPLP, DRC Congo, English Common Law, Legal cooperation agreements, Lesotho, Malawi, Mauritius, Mozambique, Namibia, Portuguese Law, SACU, SADC, Seychelles, South Africa, Southern African Customs Union, Southern African Development Community, Swaziland, Tanzania, Zambia and Zimbabwe|
The article considers legal cooperation within the Southern African Development Community (SADC) , a regional organisation within the region. The fourteen SADC member states show considerable legal diversity. There are domicile and nationality countries; common law, Belgian-, and Portuguese-orientated legal systems; some with a Roman-Dutch law heritage; and finally, countries which have followed socialist law reforms and those that have not. Thers are a limited number of recent multinational and bi-national agreements between SADC member states on cooperation and mutual assistance in the field of crime combating. The very modest status of formal international cooperation in the region thus far reveals the vast disparities in the levels of development and actual performance capacity of the various national legal systems. In both Angola and Mozambique, the independence of the judiciary is still a matter for serious concern and an impediment to the development of closer forms of legal cooperarion, a pre-condition for the success of economic recovery programmes, foreign investment incentives and many other infrastructural reforms.
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