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Periodical article | Leiden University catalogue | WorldCat |
Title: | Sailing against the tide: exhaustion of domestic remedies and the ECOWAS Community Court of Justice |
Author: | Enabulele, Amos O. |
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] |