Bibliography

Securing Compliance with the Judgements of the ECOWAS Court of Justice

In 1990 a draft Protocol on an ECOWAS Court of Justice was signed by the ECOWAS Authority of Heads of State and Government (AHSG). The Protocol is supposed to come into force after it has been ratified by the member States in accordance with their respective constitutional procedures. The Court is to be composed of independent judges selected and appointed by the AHSG from nationals of the member States. The present article first outlines the competence and role of the ECOWAS Court of Justice. Then it focuses on ways to ensure compliance with decisions of the Court, arguing that the following factors will affect the likelihood of compliance with the Court’s judgements: direct individual and NGO access to the Court; strengthening the Community’s democratic institutions; limiting the competence of the Court in its formative years to trade issues; and establishing a relationship between the ECOWAS Court on the one hand and the domestic courts of the member States on the other. Notes, ref. (The text of protocol A/P.1/7/91 on the ECOWAS Court of Justice is reproduced on p. 228-238.)

Title: Securing Compliance with the Judgements of the ECOWAS Court of Justice
Author: Kufuor, Kofi O.
Year: 1996
Periodical: African Journal of International and Comparative Law
Volume: 8
Issue: 1
Period: March
Pages: 1-11
Language: English
Geographic term: West Africa
External link: http://www.heinonline.org/HOL/Page?handle=hein.journals/afjincol8&id=11&collection=journals&index=journals/afjincol
Abstract: In 1990 a draft Protocol on an ECOWAS Court of Justice was signed by the ECOWAS Authority of Heads of State and Government (AHSG). The Protocol is supposed to come into force after it has been ratified by the member States in accordance with their respective constitutional procedures. The Court is to be composed of independent judges selected and appointed by the AHSG from nationals of the member States. The present article first outlines the competence and role of the ECOWAS Court of Justice. Then it focuses on ways to ensure compliance with decisions of the Court, arguing that the following factors will affect the likelihood of compliance with the Court’s judgements: direct individual and NGO access to the Court; strengthening the Community’s democratic institutions; limiting the competence of the Court in its formative years to trade issues; and establishing a relationship between the ECOWAS Court on the one hand and the domestic courts of the member States on the other. Notes, ref. (The text of protocol A/P.1/7/91 on the ECOWAS Court of Justice is reproduced on p. 228-238.)