Legitimation of the economic community of West African states (ECOWAS): a normative and institutional inquiry

This thesis was submitted for the degree of Doctor of Philosophy and awarded by Brunel University LondonThis study is an attempt at determining the normative legitimacy of the Economic Community of West African States (ECOWAS). At its core, it scrutinizes the current mandate of the organization following the layering of economic integration objectives with human rights protection, sustenance of democracy, and the rule of law. The study discusses the elements of legitimacy across disciplines mainly, international law, international relations and political science. Legitimacy is eventually split along two divides, the normative and descriptive/sociological aspects. The study traces the normative content (shared/common values) underlying integration in Africa, concluding that integration has been born on new ideals such as human rights, democracy and the rule of law. Expectedly, Regional Economic Communities (RECs) as building blocks of the prospective African Economic Community (AEC) under the African Union (AU) regime are mandated to play a vital role in moving the continent forward upon these values. The inquiry is extended to the institutions of ECOWAS to determine their capacity to effectively implement the new mandate of the organization and operate supranationally. In the process, key legal and institutional shortcomings are discussed, particularly in relation to national institutions. It is argued that while human rights protection enhances the normative legitimacy of ECOWAS, it must not be pursued in isolation. Economic integration and protection of citizens’ rights are co-terminus and mutually reinforcing. Hence, community institutions must reflect this link if they are to be effective. The study concludes on the note that, while ECOWAS possesses layers of legitimacy, and have carried out legitimation steps, it cannot be considered a legitimate organization if Member States continue to be non-compliant with community objectives and if key legal questions remain unaddressed. It is submitted that ECOWAS is merely undergoing legitimation, whether it can eventually be considered a legitimate organization is dependent on addressing the identified challenges

Before the ship sets sail: A cursory look at the prospects of the proposed African Central Bank

This brief article critically examines the viability of the African Central Bank (ACB) as an institution, charged with the responsibility of promoting regional monetary cooperation. At its core, the article examines the likely challenges that the institution may face and considers how best it may realise its key objectives. The European Central Bank (ECB) is examined as a successful example of an institutional template that may guide some of the policies of the proposed ACB. The paper concludes that the ACB may be susceptible to legal, economical and institutional challenges, if certain structural and regulatory strategies are not prioritized. In order to foretell any institutional stopgaps in the operations of the ACB, the paper takes a schematic look from aspects of the practice of the ECB to draw lessons. The paper admits that while both regional banks have similar mandates, the surrounding markets in both regions present contrasting capabilities. However, there remain practical lessons which the ACB must learn in order to start off on a sure footing

Exploring African union law through the lenses of comparative law: a comparative analysis with European Union law

This chapter attempts a comparative analysis of the two different regional organizations with similar objectives but different capabilities. It will mainly adopt the later approach which is to take a look at the norms and institutions emanating from both organizations

Regional Economic Communities as the Building Blocs of the African Continental Free Trade Area Agreement

The African Continental Free Trade Area Agreement (AfCFTA) recognises the Regional Economic Communities (RECs) as the building blocs for continent-wide integration in line with the historical efforts reflected in the Lagos Action Plan of 1980 and the transitional plan of the African Union (AU) articulated in the 1991 Abuja Treaty establishing the African Economic Community (Abuja Treaty). The AfCFTA enjoins State Parties that are members of other RECs, which have attained among themselves higher levels of elimination of customs duties and trade barriers than those provided for under the Protocol, to continue maintaining this, and where possible improve upon, existing higher levels of trade liberalisation among themselves. While RECs are fundamental to the African integration experience and are considered the building blocs of AfCFTA, several challenges may emerge. This paper examines the prospects and challenges of RECs under the recently established AfCFTA regime.N/