The Prospect Of Public Rights Litigation Before The Ecowas Court Of Justice

  • Date Published 16/07/2024
The Prospect Of Public Rights Litigation Before The Ecowas Court Of Justice
The Prospect Of Public Rights Litigation Before The Ecowas Court Of Justice

The 1975 treaty that founded ECOWAS envisioned an international tribunal. But governments did not agree to create a community court until 1991, when they adopted a protocol that limited the court‘s jurisdiction to interstate disputes concerning the interpretation of ECOWAS legal instruments. The actual creation of a court was delayed for another decade. And when the Court finally opened its doors for business in 2001, governments refrained from filing any cases against each other. In 2003, a Nigerian goods trader filed the first suit with the ECCJ, complaining that the closure of Nigeria‘s border with Benin damaged his import-export business. The suit cast in sharp relief the serious impediments to intra-regional trade. Nevertheless, the Court dismissed the complaint in 2004, relying on the member states‘ unambiguous decision to deny access to private parties.

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The Prospect Of Public Rights Litigation Before The Ecowas Court Of Justice

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