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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Advisory Proceedings: African Court on Human and Peoples’ Rights (ACtHPR)

José Pina-Delgado

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 19 September 2020

Admissibility — Conduct of proceedings — Advisory opinions

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 The power of courts to give guidance through advisory opinions is not a universal tradition (Aust, 2010, 123–26). On the one hand, its desirability is questionable in the sense that it demands an abstract approach, for some more scholastic than judicial, and for being risky because it facilitates lawfare and the use of courts for political ends, including the materialization of a rights protection agenda. On the other hand, one cannot say that it is unheard of, because High Courts, Constitutional or not, have the jurisdiction to receive requests for advisory...
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