Regional Integration

Under the relevant rules of the law of treaties as provided for in Article 11 of the Viena Convention on the Law of Treaties (VCLT), a state’s consent to be bound by a treaty “may be expressed by signature, exchange of instruments constituting a treaty, ratification, acceptance, approval or accession, or by any other means if so agreed.” It appears from the text of Article 11 of the VCLT that expression of consent to a treaty must generally be by means of an express or overt act, notice of which must be given, or received by, the other parties to the treaty. In contrast to the above legal position, the practice of some ECOWAS Member States in relation to Protocols governing the ECOWAS Court of Justice raises the question of whether a state’s consent to be bound by a treaty may be implied from its conduct. Of particular interest in this regard, is the Republic of Cape Verde. This essay seeks to determine whether the concept of implied consent could offer a conceptual justification for the exercise of the ECOWAS Court’s jurisdiction over Member States that have either not signed or ratified the relevant Protocols governing the Court’s jurisdiction.

The ECOWAS Community Court of Justice occupies a central place in the legal architecture of West African regional integration, with jurisdiction spanning human rights, trade, and the interpretation and application of Community law. Yet its authority continues to sit uneasily with the persistent gap between judicial pronouncement and practical effect. Judgments are frequently delayed in implementation, and in many instances not implemented at all, a pattern widely reported by court officials and observers. If effectiveness is assessed primarily through implementation and compliance, the Court’s institutional challenge is therefore not merely one of doctrinal coherence, but of execution.

It is my utmost pleasure to welcome you to our 8th Biennial Conference. After successfully hosting in Ghana, Kenya, Nigeria, South Africa, and Tanzania, we have finally breached the “Francophone wall”, as one Member of the Network’s Advisory Board noted upon learning this year’s destination. For the first time since its creation in 2008, the AfIELN Conference will take place in “Francophone” Africa, in North Africa, and in the MENA region. Morocco is therefore threefold symbolic. ______________________________________________________________________ Chers amis du Réseau africain de droit économique international (AfIELN), C’est avec un immense plaisir que je vous souhaite la bienvenue à notre 8e Conférence biennale. Après avoir accueilli avec succès des éditions au Ghana, au Kenya, au Nigeria, en Afrique du Sud et en Tanzanie, nous avons enfin franchi le « mur francophone », comme l’a souligné un membre du Conseil Consultatif du Réseau en apprenant la destination de cette année. Pour la première fois depuis sa création en 2008, la Conférence d’AfIELN se tiendra en Afrique « francophone », en Afrique du Nord et dans la région MENA. Le Maroc revêt donc une triple symbolique.

Five decades on from its inception, the Economic Community of West African States (ECOWAS) stands at a juncture that invites both celebration and reflection. Established with the primary goal of integrating West African countries in pursuit of economic development and regional unity, many agree that the organization has made remarkable progress, even beyond the expectations of its founding fathers. It has grown from promoting economic integration, to also championing core principles of democracy and good governance. In this essay, I reflect on an increasingly important and arguably underexplored aspect of ECOWAS’s economic development agenda: intellectual property rights (IPR) protection.

The Economic Community of West African States (ECOWAS) is a central actor in the law, politics and economics of the West African sub-region. Under article 3 of the ECOWAS Revised Treaty, ECOWAS aims to deepen and strengthen relations between its members with the aim of promoting co-operation and integration, leading to the establishment of an economic union in West Africa. This goal, if ever attainable, depends considerably on the role and power of its treaty organs, including its administrative organs, strengthening the ECOWAS legal order and thus underscoring ECOWAS relevance and power. This aim suggests the need for scholars of ECOWAS to focus attention on organs that they have largely neglected. This submission explores the growth and development of administrative power in ECOWAS. I seek to contribute to the current limited body of knowledge on this aspect of ECOWAS by sketching the outlines of the ideas that have moulded the ECOWAS administrative apparatus

Before the publication of Dr Kiema’s studies, the literature lacked a comprehensive treatment of this subject. From that vantage point, Dr Kiema filled a considerable gap in the body of knowledge and pushed the frontiers of international aviation law, international economic law and regional integration in Africa. Such a book was even more needed considering the Single African Air Transport Market (SAATM) is a flagship project of the African Union’s (AU) Agenda 2063, coupled with the primacy of dovetailing SAATM with cognate flagship projects of the AU’s aforesaid Agenda, aspects more fully set out between the covers of this insightful book.

The liberalisation of air transport has long been framed as a cornerstone of Africa’s economic integration agenda. From the early aspirations of the Yamoussoukro Declaration to the contemporary ambitions of the Single African Air Transport Market (SAATM), African states have repeatedly acknowledged the centrality of aviation to trade, mobility, and development. Yet, progress has remained uneven and contested. The book situates African aviation liberalisation within broader debates in international economic law and Global South regionalism, arguing that implementation failures stem not from weak legal texts but from institutional design and political economy constraints.

The ocean and its resources support many sectors vital to the West African region, including fisheries and aquaculture, maritime transport and shipping, maritime security, coastal and maritime tourism, sustainable energy, mineral resources, and emerging marine industries. Collectively, these sectors are called the “Blue Economy” (BE). The BE is a cornerstone of economic growth, sustainability, and security for the twelve coastal and island states and three land-linked countries in the region, providing livelihoods for millions and serving as a primary revenue source for coastal and island states. The BE contributes 56% of the GDP of coastal states in West Africa, underscoring its economic significance. With one-third of the region’s population residing in coastal areas, its ocean and resources are essential to food security, trade, and long-term resilience, making them a crucial driver of sustainable development in West Africa.

The book “The Air Transport Industry in Africa: A Legal Analysis of the Single African Air Transport Market” is a detailed exploration of the nexus between law and aviation, which seeks to promote the aviation industry in Africa. The book is a timely intervention as Africa grapples with an overly regulated aviation market. Importantly, the book unpacks the goals of Single African Air Transport Market (SAATM), which is an initiative which seeks to provide an impetus towards the deregulation of the air services and open regional markets. The author examines the complexities provided by the quest for a liberalised air transport market as espoused by SAATM. He observes the challenges provided by the transition from bilateral agreements to unifies market based. The book is a timely intervention as Africa braces for an accelerated intra-African trade, and the aviation industry is seen as a panacea for the full actualisation of the African dream.

Dr. William Kiema’s The Air Transport Industry in Africa: A Legal Analysis of the Single African Air Transport Market (SAATM) is a major scholarly contribution to African aviation law, regional integration, and development policy. The book offers a rigorous and multidimensional examination of Africa’s air transport sector, interrogating its historical evolution, legal architecture, institutional governance, and political economy. At its core, the book analyses the promise and persistent underperformance of continental air transport liberalisation, with particular emphasis on the Yamoussoukro Decision (YD) and its contemporary operationalisation through SAATM.