Entry into Force of ECOWAS Protocols and Supplementary Acts

Abstract

Under ECOWAS new legal regime for Community acts, supplementary protocols are replaced by supplementary acts. Like protocols, supplementary acts are adopted by the Heads of State and Government to complete the Treaty and are binding on the Member States and the Community institutions. They are annexed to, and form an integral part of, the Treaty. Unlike protocols, however, supplementary acts enter into force definitively upon their signature; they are not subject to ratification. The assumption seems to be that by avoiding the lengthy ratification process the Community will facilitate the entry into force of the legal texts and accelerate their implementation. However, the big question is: can parliamentary ratification be avoided; can the consent of a Member State to be bound by a supplementary act be expressed by the signature of the Head of the Executive only? The answer seems to be ‘no’.

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