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SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
ARTICLE 15
SCOPE OF JURISDICTION
1.
The Tribunal shall have jurisdiction over disputes between States, and between natural
or legal persons and States.
2.
No natural or legal person shall bring an action against a State unless he or she has
exhausted all available remedies or is unable to proceed under the domestic jurisdiction.
3.
Where a dispute is referred to the Tribunal by any party the consent of other parties to
the dispute shall not be required.
ARTICLE 16
PRELIMINARY RULINGS
1.
Subject to the provisions of paragraph 2 of this Article, the Tribunal shall have
jurisdiction to give preliminary rulings in proceedings of any kind and between any
parties before the courts or tribunals of States.
2.
The Tribunal shall not have original jurisdiction but may rule on a question of
interpretation, application or validity of the provisions in issue if the question is
referred to it by a court or tribunal of a State for a preliminary ruling in accordance with
this Protocol.
ARTICLE 17
DISPUTES BETWEEN STATES AND COMMUNITY
Subject to the provisions of Article 14 of this Protocol, the Tribunal shall have exclusive
jurisdiction over all disputes between the States and the Community. Such disputes may be
referred to the Tribunal either by the State concerned or by the competent institution or organ
of the Community.
ARTICLE 18
DISPUTES BETWEEN NATURAL OR LEGAL PERSONS AND COMMUNITY
Subject to the provisions of Article 14 of this Protocol the Tribunal shall have exclusive
jurisdiction over all disputes between natural or legal persons and the Community. Such
disputes may be referred to the Tribunal either by the natural or legal person concerned or by
the competent institution or organ of the Community.
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Protocol on Tribunal