Dual Mandate, Varied Authority: The Skewed Authority of the ECOWAS Community Court of Justice
iCourts Working Paper Series, No. 57
31 Pages Posted: 6 May 2016
Date Written: May 6, 2016
The authority (and hence, effectiveness) of international courts is generally understood in terms of how courts’ immediate and extended communities perceive, react to, and use decisions of these courts. Based on this understanding, some eminent scholars express the authority of an international court within a continuum in a range between no authority and extensive authority. The authority of an international court, it is further argued, can vary over time, communities and subject areas.
Engaging in analysis on that framework, this paper demonstrates how international courts such as the ECOWAS Court can enjoy varied degrees of authority over different aspects of their mandate, even in the absence of evidence of sustained compliance with their decisions.
Keywords: Authority; Compliance; ECOWAS Court; International Courts
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