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Title
An Appraisal of the Legal Framework for the Implementation of Economic Community of West African States' Policies |
Full text
http://dspace.unijos.edu.ng/handle/10485/885 |
Date
2010 |
Author(s)
Jande, Gabriel Gwadue |
Abstract
A thesis in the FACULTY OF LAW, Submitted to the School of Postgraduate Studies, University of Jos, in partial fulfilment of the requirements for the award of the degree of DOCTRO OF PHILOSOPY IN LAW of the UNIVERSITY OF JOS JANUARY, 2008 - After attaining political independence, West African countries realised that without a strong economic base, the political independence would be meaningless. They, therefore, established an Economic Community known as the Economic Community of West African States (ECOWAS) to enable them establish an economic union to strengthen their economies. This research work has set out to appraise the legal frame work for implementing the policies of the Community. In appraising the frame work, the work has also sought to establish the effectiveness of the framework. The work also considered the legal status of the Community and the question of primacy between the Community policies and those of Member States. The works looked at the attendant legal problems encountered in implementing Community policies. The work adopted doctrinal approach by using primary and secondary sources to carry out the research. The primary source used is the treaty establishing the Community while the secondary source comprises textbooks on the Community and related aspects of international institutions. The research work has found that the legal framework for implementing the policies of the Community is fairly comprehensive with few omissions of established principles of international institutions' administration. The work also found that the Community has a separate legal personality, intended to be combining supranational and intergovernmental co-operation approaches. It has its organs that perform assigned functions. The study has found that the framework has not clearly spelt out matters that will come under the supranational ambit of the Community and those that will be covered by intergovernmental co-operation. It is further found that as a result of this blurred distinction between supranationalism and intergovernmentalism, the issue of primacy between Community policies and those of Member States is not clearly settled by the framework. The research also found that because of the failure to settle the question of primacy between Community policies and the policies of Member states, legal problems are encountered in implementing Community policies by Member States. The research has also found that some Community Institutions like the Community Parliament and the Community Court of Justice are not conferred with enough powers to enable them discharge their functions effectively. The main contributions to knowledge by the work are its findings that the framework has omitted important legal principles underlining administration of international organisations and that some Community institutions like the Community Parliament and the Community Court of Justice have not been conferred with enough powers under the framework to enable them perform their functions effectively. Also that the legal framework has not clearly defined the matters under it that will be governed by supranationalism and those that will by governed by intergovernmentalism. The research work has recommended that the Community treaty should be reviewed to correct these imperfections. |
Language
en |
Type of publication
Thesis or Dissertation |
Repository
Jos - University of Jos
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Added to C-A: 2017-01-25;09:26:46 |
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