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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Sailing against the tide: exhaustion of domestic remedies and the ECOWAS Community Court of Justice
Author:Enabulele, Amos O.ISNI
Year:2012
Periodical:Journal of African Law (ISSN 0021-8553)
Volume:56
Issue:2
Pages:268-295
Language:English
Geographic term:West Africa
Subjects:ECOWAS
African courts
international law
legal remedies
legal procedure
jurisdiction
Abstract:This article examines the practice of the ECOWAS Community Court of Justice relating to the exhaustion of domestic remedies. It argues that the court is wrong to maintain the view that it is not bound by doctrine, simply because the court's protocol is silent on the point. The author urges the court to reconsider its view in order to align its practice with prevailing customary international law and treaty trends on the exhaustion of domestic remedies in international suits espoused before international courts by or on behalf of individuals. Notes, ref., sum. [Journal abstract]
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