The ECOWAS Court of Justice as an Investment Tribunal
Forthcoming, The Journal of World Investment and Trade
21 Pages Posted: 21 Jul 2017 Last revised: 16 Aug 2017
Date Written: May 2, 2017
Abstract
This article considers the extent to which foreign investors in member States of the Economic Community of West African States (‘ECOWAS’) might be able to use the ECOWAS Court of Justice to protect their investments against actions of their host States. It does so taking into account the ECOWAS Supplementary Act on Investments and the jurisprudence of the Court of Justice on, in particular, the extent of its substantive jurisdiction. Although it is not suggested that the Court of Justice would be better forum than an international arbitral tribunal, it is argued that it has considerable advantages over national courts.
Keywords: Dispute settlement, ECOWAS, investment
JEL Classification: K33
Suggested Citation: Suggested Citation