Temporal Scope of ECOWAS and EC Treaties: A Case of African Economic Integration

The idea of African economic integration ultimately materialized in 1991, when the treaty that established the African Economic Community (AEC) was signed at the OAU summit in Abuja. This article examines the temporal scope of the ECOWAS and AEC treaties and the feasibility of a merger between ECOWAS, established in 1975 and whose constitutive treaty was revised in 1993, and the AEC. It first outlines some theoretical approaches to integration and describes the evolution of economic integration in Europe (EU) and Africa (ECOWAS, AEC). Then it discusses the historico-legal significance of treaties, as well as the legal relationship between the ECOWAS and AEC treaties. Finally it analyses the termination of treaties in international law, distinguishing between treaties with and without a specified temporal clause, and examining the legal consequences of withdrawal, denunciation and termination. The conclusion is that the future relationship between the AEC and ECOWAS, as well as other similar subregional organizations in Africa will dictate whether the AEC treaty will prevail over the ECOWAS treaty. Thus the temporal clauses of both treaties could remain a moot point for a long time to come. Notes, ref.