What is it about?
This article interrogates the approach of the ECOWAS Community Court of Justice. It argues that the consistent view of the Court that the rule of exhaustion is not application in the Court runs contrary to the settled position of the doctrine under customary international law.
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Why is it important?
It discusses the rule of exhaustion in the light of the emergence of human rights courts, to which individuals have direct access, as against the historic application of the rule by way of diplomatic protection
Perspectives
This article raises very salient questions that have so far served as backgrounds to assessing the approach of the court. So long as states continue to raise the rule before the court, the article retains its relevance.
AMOS ENABULELE
University of Benin
Read the Original
This page is a summary of: Sailing Against the Tide: Exhaustion of Domestic Remedies and the ECOWAS Community Court of Justice, Journal of African Law, August 2012, Cambridge University Press,
DOI: 10.1017/s0021855312000058.
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