Abstract: This article examines whether the framework of judicial discretion or commensurable doctrines of judicial respects found access to jurisdiction in the area of human rights of the three subregional courts created in the context of regional economic communities: Court of the Economic Community of West African States; East African Community Court; and Tribunal of Southern African Development Community. The author also examines the relevance of the rights of depletion of internal means of legal protection as a separate manifestation of subsidiarity in their judicial practice. The author briefly describes the key institutional parameters for each court, the role of procedural subsidiarity in form of depletion of the norm on internal means of legal protection, as well we presence or absence of substantial subsidiarity through formulation of the limits of judicial discretion. The presence of subsidiarity in form of the limits of judicial discretion is an important condition for further work of the courts of subregional economic communities in Africa on protection of human rights, since the presence of “judicial respect” with regards to the decisions of national court and political-legal decisions of the participating countries is a key to recognition and likelihood of execution of rulings of the courts of subregional economic communities on the territory of participating countries of the corresponding communities.

Abstract: The subject of this article is the problem of acceptance of the rulings rendered by subregional economic courts by the African Commission on Human and Peoples’ Rights. The research leans on the approaches towards the procedure of filing same cases in multiple international jurisdictions. Particular attention is paid to the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples' Rights; as well as to the work of African Commission and African Court with regards to the problems of low efficiency in their interaction with the courts of subregional economic communities. The article demonstrates the existence of complex and contradictory problems, which solution affect the eventual fate of the courts of African subregional economic communities. The solution of these issues depends on reaching consensus with regards to acceptance of rulings rendered by subregional economic communities as final, as well as permission to file complaints to the African Court on Human and Peoples’ Rights for separate individuals.

Abstract: This article is dedicated to the issues that emerged due to the uncertain competence of the Economic Community of West African States (ECOWAS) and jurisdiction of the ECOWAS Court of Justice. The author raises a question of “legislative” authorities of supranational organizations, conducts a comparative analysis with the European system of protection of human rights, as well as thoroughly reviews the demarcation of competences using the example of European Union. The work also analyze the constitutional document of ECOWAS, additional protocols, and judicial practice of ECOWAS Court. The author provides statistical data that confirm inefficiency of the African Court of Human and People’s Rights, and touches upon the question of parallel jurisdiction of the ECOWAS Court in the area of human rights and African Court. The article demonstrates the presence of complex and contradictory issues, which resolution affects the further work of ECOWAS Court as a quasi-judicial agency on protection of human rights. In order to solve such issues, the participant countries must agree on including the condition about the depletion of domestic funds of legal protection into the additional protocol of ECOWAS Agreement.