ECOWAS Law

This book analyses the emerging jurisprudence of the Economic Community of West African States (ECOWAS), and seamlessly knits together all the disparate texts, policies and judicial decisions into a single, coherent resource. The work is deliberately craf

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ECOWAS Law

ECOWAS Law

ThiS is a FM Blank Page

Jerry Ukaigwe

ECOWAS Law

Jerry Ukaigwe Director Maxlaw Consulting London UK Former Lecturer School of Law Zenith University College Accra Ghana

ISBN 978-3-319-26231-4 ISBN 978-3-319-26233-8 DOI 10.1007/978-3-319-26233-8

(eBook)

Library of Congress Control Number: 2015960753 Springer Cham Heidelberg New York Dordrecht London © Springer International Publishing Switzerland 2016 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper Springer International Publishing AG Switzerland is part of Springer Science+Business Media (www.springer.com)

For my wife (Ugonna) and my children (Chukwudera and Chiamaka)

ThiS is a FM Blank Page

Preface

Like the harmattan wind, regional integration has begun, though slowly, to sweep through the crevices of political and legal structures in West Africa. Whether the wind would intensify and swirl around their systems depends on the people of West Africa. It seems that one of the essential ingredients required in brewing regional integration is community law. So this book is a sincere contribution—to the brewing mix—aimed at reducing the dearth of community legal literature. It distils set of rules, standards, doctrines and principles from a plethora of ECOWAS material and Community Court judgments which are applicable at the Community level. The language of the book is crafted with simplicity to make for easy and happy reading. And there is no design, either grand or subtle, to disguise this work as a comparative law book; rather, where important provisions in the ECOWAS texts, with European Union law equivalence, have not been applied or interpreted or have been interpreted after a fashion by the Community Court of Justice, recourse will be had to the decisions of the Court of Justice of the European Union for clarity. Most of the major topics in community law jurisprudence are treated in different chapters of this book: human right, supranationality, free movement,