Review article
https://doi.org/10.31141/zrpfs/2268
The Role of the Principle of Res Judicata in the Preventing “Forum Shopping” within the African Human Rights Protection System
Jasminka Đojinčević
; Općinski građanski sud u Zagrebu
Abstract
As it is the case in other regional human rights protection systems, the African human rights
protection system is characterized by institutional fragmentation of human rights protection
mechanisms. However, unlike other regional systems, the African one is largely based on the
application of the general international regional document – the African Charter on Human and
Peoples’ Rights, while the other African regional documents are still mostly soft law. Consequently,
this circumstance, in the context of the res judicata principle has led to the harmonization of the
practice of human rights protection mechanisms regarding the content of this legal standard in the
African Charter. At the same time, the adoption of this principle both in documents and in the practice
of African international courts and other bodies dealing with the protection of human rights, as well
as its uniform application, despite the proliferation of human rights protection mechanisms, prevents
the abuse of the possibility of choosing between several competent fora for dispute settlement.
Keywords
res judicata; forum shopping; African human rights protection system
Hrčak ID:
352091
URI
Publication date:
30.6.2026.
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