A critical analysis of the Legal Framework for Investment Promotion and Protection in selected ECOWAS Member States

  • Mohammed Wakil

Student thesis: Doctoral Thesis


The main aim of this thesis is to undertake an evaluation of the legal framework for investment promotion and protection in selected ECOWAS member states. The research focus is on the legal framework for the establishment and regulation of foreign investments in ECOWAS countries including Nigeria and Ghana, identifying the problems relating to the promotion and protection of foreign investments as part of the regional economic integration agenda of ECOWAS. To fulfil this quest, the research adopts the doctrinal and black letter methodological approaches which are common to legal studies to scrutinize relevant ECOWAS legal framework and instruments with the aim of identifying their strengths and weaknesses. It then proffers remedies aimed at enhancing the investment regime in ECOWAS countries with a view to aligning them with international best practice in conformity with accepted international standards.

In conducting this study, legal research methods were applied in the forms of doctrinal approach and black letter law method to elucidate and to answer the main research questions. Accordingly, the research method applied takes the form of library-based or desk-based analytical research, utilizing mainly primary legal sources such as ECOWAS conventions, legislations, formal agreements, and other legal instruments. One of the main findings of the research is that there is a well-developed competition policy within the ECOWAS region for the investors. The research study also finds that there are ECOWAS policies that there are failings in the enforcement of ECOWAS policies and laws due mainly to institutional weaknesses. This research postulates that to improve investment conditions and speed up economic integration in the ECOWAS region, robust measures aimed at regional infrastructure development, transparency, and non- discrimination on the basis of nationality need to be introduced and effectively implemented.

The contribution of this study to knowledge stems from the fact that it is a pioneering and novel study conducted at doctoral level, the first such study at doctoral level on the legal aspects of economic integration which is specific to the ECOWAS region. As such the findings of the research have both symbolic academic value as well as practical legal implications for the region. It is hoped that some of the recommendations made in this study could be used in future to inform institutional and legal reforms with a view to improving the ECOWAS regulatory framework, thereby facilitating the free flow of foreign investment within ECOWAS.
Date of Award30 Jun 2023
Original languageEnglish
SupervisorGeorge Ndi (Main Supervisor) & Kikelomo Kila (Co-Supervisor)

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