Investor–State Dispute Settlement using the ECOWAS Court of Justice: An Analysis and Some Proposals 

2019 ◽  
Vol 34 (2) ◽  
pp. 496-518
Author(s):  
Matthew Happold
Keyword(s):  
West Africa ◽  
Economic Integration ◽  
Dispute Settlement ◽  
West African ◽  
Economic Community ◽  
Court Of Justice

Abstract In the light of increasing discontent with arbitration as a method of investor–State dispute settlement (ISDS), alongside proposals for the establishment of court systems for the settlement of such disputes, this article suggests that such a mechanism might already be available for West African States in the form of the Court of Justice of the Economic Community of West African States (ECOWAS). The ECOWAS Court of Justice, the article shows, can already deal with a variety of investor–State disputes, while reforms are suggested to extend its investment jurisdiction and render it more effective. Such initiatives, it argues, would assist in developing African States’ role as ‘investment rule makers’ rather than ‘rule takers’, as well as further ECOWAS’s mission to promote economic integration within West Africa.

SOURCES OF THE LAW OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS)

2001 ◽  
Vol 45 (1) ◽  
pp. 73-96 ◽  
Author(s):  
Sunday Babalola Ajulo
Keyword(s):  
West Africa ◽  
Economic Integration ◽  
West African ◽  
Economic Community ◽  
Member States ◽  
Community Court ◽  
Legal Problems ◽  
Court Of Justice ◽  
The Law

Articles 6(e) and 15(1–4) of the ECOWAS Revised Treaty (1993) provide for the establishment of a Court of Justice of the Community. These provisions should, however, be read along with those of the Protocol on the Community Court of Justice initialled in 1991. Attempts have been made to analyse various aspects of the institutions of the Community, including the Court of Justice. While Bankole Thompson examined the legal problems of the economic integration in West Africa, Kofi Oteng Kufuor attempted to look at the Court of Justice from the angle of compliance with its judgments by member states. Denakin, for his part, appraised generally the prospects of the Court.

The Mano River Union

1982 ◽  
Vol 20 (4) ◽  
pp. 613-628 ◽  
Author(s):  
Peter Robson
Keyword(s):  
International Economic ◽  
West Africa ◽  
Economic Integration ◽  
Monetary Union ◽  
West African ◽  
Economic And Monetary Union ◽  
Economic Community

Of the four current schemes for international economic integration in West Africa, the operation of the Communauté économique de l'Afrique de l'Ouest has been recently reviewed, the Economic Community of West African States continues to be widely discussed, while the agreement of the Presidents of Senegal and Gambia in Dakar on 17 December 1981 to establish a Senegambian Confederation, and to develop an economic and monetary union between the two countries, is as yet in its formative stages. This article examines the structure, progress, and potential of the Mano River Union (M.R.U.) about which little has been published.

scholarly journals Critical Issues in the Human Rights Mandate of the ECOWAS Court of Justice

2010 ◽  
Vol 54 (1) ◽  
pp. 1-25 ◽  
Author(s):  
Solomon T Ebobrah
Keyword(s):  
Human Rights ◽  
West Africa ◽  
West African ◽  
Economic Community ◽  
International Human Rights ◽  
Community Court ◽  
Court Of Justice ◽  
Critical Issues ◽  
International Human ◽  
Human Rights Violation

AbstractA new opportunity for international human rights litigation in West Africa was presented in 2005 when the Economic Community of West African States adopted a protocol to empower its judicial organ, the ECOWAS Community Court of Justice, to determine cases of human rights violation that occur in ECOWAS member states. Since then, several human rights claims have been brought before the court. However, critical questions concerning the legality of the new mandate and the suitability of the court to exercise a human rights jurisdiction have lingered. Beginning with an inquiry into the foundation within ECOWAS for the exercise of a human rights jurisdiction, this article analyses the legitimacy of the human rights mandate of the ECOWAS court and interrogates crucial issues relevant to the effectiveness of the mandate. The article suggests ways to enhance execution of the mandate and concludes with a call for careful judicial navigation in the exercise of the court's expanded jurisdiction.

The Impact of Ecowas on Intraregional Trade Flows: An Empirical Investigation

1995 ◽  
Vol 23 (3) ◽  
pp. 113-129 ◽  
Author(s):  
Mamit Deme
Keyword(s):  
Economic Integration ◽  
Regional Integration ◽  
Empirical Investigation ◽  
West African ◽  
Trade Flows ◽  
Integration Scheme ◽  
General View ◽  
Economic Community ◽  
Integration Schemes ◽  
The Impact

There is a scarcity of published statistical analysis that examines the impact of economic integration schemes in Africa. This study fills the gap in the literature. The impact of Economic Community of West African States (ECOWAS) on trade flows of its member countries is examined applying an econometric analysis. The parameters of a multivariate trade-flows model are estimated using a panel data of the 1975 to 1991 period. The results suggest that the regional integration scheme has succeeded in increasing trade flows between member countries. The general view in the literature is that African integration schemes have failed to increase trade flows.

The Politics of West African Economic Co-operation: C.E.A.O. and E.C.O.W.A.S.

1983 ◽  
Vol 21 (4) ◽  
pp. 605-623 ◽  
Author(s):  
Daniel C. Bach
Keyword(s):  
West Africa ◽  
West African ◽  
African Unity ◽  
Economic Community

Since the establishment of the Economic Community of West African States in 1975, its acronym has become well known, even though ‘E.C.O.W.A.S.’ still means little more than a synonym for ‘West Africa’ and a symbolic tribute to the ideals of African unity. The Community has certainly witnessed a growth of its bureaucracy and institutions, but the limited co-operation actually achieved has been based on strengthening links which were developed in the region since the early 1960s rather than on the transfer of state prerogatives to Community organs on specific issues.

Can the Economic Community of West African States Community Court of Justice Enforce the African Charter Replicas of the Non-Justiciable Chapter II Human Rights Provisions of the Nigerian Constitution against Nigeria?

2012 ◽  
Vol 1 (2) ◽  
pp. 312-337 ◽  
Author(s):  
Amos O. Enabulele ◽  
Anthony Osaro Ewere
Keyword(s):  
Human Rights ◽  
Federal Republic ◽  
Basic Education ◽  
West African ◽  
Economic Community ◽  
Economic Rights ◽  
Community Court ◽  
Court Of Justice ◽  
Education Commission ◽  
African Charter

This article highlights a major source of tension between the Supplementary Protocol of the Economic Community of West Africa States Community Court of Justice (ECOWAS CCJ) and the Constitution of the Federal Republic of Nigeria, 1999 (CFRN), in relation to the enforcement of economic, social and cultural (ESC) rights against Nigeria, as manifested in a recent decision of the ECOWAS CCJ in Registered Trustees of the Socio-Economic Rights and Accountability Project (SERAP) v Federal Republic of Nigeria and Universal Basic Education Commission. The focus of this article on the tension is both from the perspective of Nigerian law and of the ECOWAS CCJ. It argues that while the CFRN cannot deprive the ECOWAS CCJ of the jurisdiction expressly given to it by its Protocols, the CFRN does have implications for the enforcement of any decision of the ECOWAS CCJ that offends its provisions within the CFRN sphere of superiority.

The Politics and Diplomacy of Peacekeeping in West Africa: The Ecowas Operation in Liberia

1995 ◽  
Vol 33 (4) ◽  
pp. 569-593 ◽  
Author(s):  
Ademola Adeleke
Keyword(s):  
Civil War ◽  
West Africa ◽  
Burkina Faso ◽  
Sierra Leone ◽  
West African ◽  
Cape Verde ◽  
The Gambia ◽  
Economic Community ◽  
Political Issues ◽  
Guinea Bissau

TheEconomic Community of West African States (Ecowas) was established in May 1975 as an organisation to promote the development of the sub-region, and for 15 years did not deviate from this mandate. The 16 member-states – Benin, Burkina Faso, Cape Verde, Côte d'Ivoire, The Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mali, Mauritania, Niger, Nigeria, Senegal, Sierra Leone, Togo – restricted their interactions to purely economic matters and ran shy of political issues confronting West Africa. This tradition changed in 1990 when Ecowas decided to intervene in the civil war which had broken out in Liberia. Its strategy to resolve the conflict followed two parallel but mutually interactive channels — making and enforcing peace. The former involved negotiations and arbitration; the latter the deployment in August 1990 of a 3,000 strong multinational force to supervise a cease-fire.

scholarly journals The Court of Justice of the Economic Community of West African States as a Constitutional Court

2019 ◽  
Author(s):  
Kangnikoé Bado
Keyword(s):  
Human Rights ◽  
West African ◽  
Legal Order ◽  
Constitutional Court ◽  
Economic Community ◽  
Constitutional Courts ◽  
Member States ◽  
Constitutional Order ◽  
Court Of Justice ◽  
Innovative Solutions

One of the major innovations made by the Economic Community of West African States (ECOWAS) is the unequivocal granting of a supranational role to the Court of Justice of the organisation. However, its human rights mandate has led to real and potential tensions within the ECOWAS legal order. The tensions stem from the legal force of judgments of constitutional courts of member states and the admissibility of individual petitions before the Court. This work identifies some deficiencies in the current regime of the human rights mandate of the Court. Gaps exist at the level of the member states’ constitutional order, as well as at the community level. The supranational competence of the jurisdiction must be implemented by the possibility of ordering concrete measures to be taken by states for the reparation of human rights violations. Innovative solutions are suggested in this work in order to fill procedural and substantial gaps in the protection system established in West Africa.

scholarly journals Economic Integration In ECOWAS: 40 Years After

2016 ◽  
Vol 12 (19) ◽  
pp. 75
Author(s):  
Michael P. Okom
Keyword(s):  
Economic Integration ◽  
Status Quo ◽  
West African ◽  
Institutional Framework ◽  
Economic Community ◽  
Big Dreams ◽  
Economic Bloc ◽  
Goals And Objectives

The Economic Community of West African States (ECOWAS) was launched in Lagos on 28 May, 1975, amidst fanfare and big dreams of economic nirvana: economic integration, development and prosperity. The template for the institutional mechanisms and infrastructure for the realization of the dreams were encapsulated in the Treaty itself and the relevant Protocols. The legal and institutional framework presented a picture perfect structure which only needed concerted and focused action, to realize ECOWAS’ lofty goals and objectives. 37 years after, this still remains a mirage. This paper examines the cause for this untoward status-quo and proffers ideas as to how the drive towards the actualization of the ECOWAS as a viable, virile, economic bloc can be attained.

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