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Periodical article | Leiden University catalogue | WorldCat |
Title: | Enforcing ECOWAS law in West African national courts |
Author: | Nwauche, E.S. |
Year: | 2011 |
Periodical: | Journal of African Law (ISSN 0021-8553) |
Volume: | 55 |
Issue: | 2 |
Pages: | 181-202 |
Language: | English |
Geographic term: | West Africa |
Subjects: | ECOWAS OHADA international law economic integration |
Abstract: | One of the constitutional challenges of regional integration is how to manage the limitation of national judicial sovereignty of member States to ensure that community law is recognized as superior to national law and is accordingly applied and interpreted by national courts at the instance of community citizens. This challenge arises from the national ordering of legal systems and the fact that States are the primary parties to agreements in which they limit their sovereignty in favour of the success of the community. This article examines the enforceability of the law of the Economic Community of West African States in the national courts of the West African States which comprise ECOWAS, with the aim of determining how this affects the integration goals of ECOWAS. It discusses the OHADA system as an example of the application of a community law in West African courts. Notes, ref., sum. [Journal abstract] |