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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Sources of the law of the Economic Community of West African States (ECOWAS)
Author:Ajulo, Sunday BabalolaISNI
Year:2001
Periodical:Journal of African Law
Volume:45
Issue:1
Pages:73-96
Language:English
Geographic term:West Africa
Subjects:ECOWAS
legal sources
External link:https://www.jstor.org/stable/3558969
Abstract:ECOWAS, an economic community of sixteen sovereign States, is bound to have its own community laws and its own legal system. It is arguable that ECOWAS law is a particular subregional international law, valid only among the ECOWAS member States. ECOWAS law, which has been evolving since 1975, is in written form and its roots are partially traceable to European laws. The legal systems in West Africa are largely eclectic. The Anglo-American/common law system is practised in English-speaking West Africa, the civil/continental law system in Latin West Africa. The primary sources of ECOWAS law are the ECOWAS Treaties, the Amendments and Protocols annexed thereto, Accession Treaties and Conventions as well as Treaties with third countries, in addition to 'opinions' or enactments (if any) by the ECOWAS Parliament and the sources expressly named by the ECOWAS Treaties. The secondary sources of ECOWAS law are many and include subordinate legislation of the Community organs, international custom, general principles of law, judicial decisions, and the teachings of the most highly qualified publicists. The sources of ECOWAS law with respect to private international law (or conflict of laws) would be a composite of common law and civil law traditions. Because ECOWAS Treaties are secular in nature, the application of Islamic law would be inappropriate. Notes, ref., sum. (p. ii).