THE RIGHT TO ECONOMIC SELF-DETERMINATION, INTERNATIONAL LAW AND THE NIGERIAN CHALLENGE
THE RIGHT TO ECONOMIC SELF-DETERMINATION, INTERNATIONAL LAW AND THE NIGERIAN CHALLENGE
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Date
2021-03
Authors
AYAGI, Nuraddeen Ado
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Abstract
The status of the right to economic self-determination for states and peoples has been firmly
established in international, regional and domestic laws. However, the evidence of practical
enjoyment of such right by the beneficiaries of the laws is scanty, to say the least, as neither
states nor peoples fully enjoy such right in the face of the economic reality of today’s global
world. It also appears that there exists a disconnect between the legal regime guaranteeing the
right in international law and the provisions of international economic law which stand on the
way to the optimum realization of the right. Using the doctrinal and elements of empirical
research methodologies which include statutes, judicial authorities, journal publications,
academic papers as well as other sources on the one hand, and data through interviews and
official statistics; this work attempts to unravel the missing link between legal provisions
guaranteeing the right and those that hinder practical realization of economic selfdetermination.
Thus, the objective is to examine the adequacy or otherwise of the legal regime
(international, regional and domestic) on the subject matter vis-à-vis it’s harmony with
international economic law and practices with a view to identifying issues that impede the
practical realization of the right to economic self-determination. It has accordingly been found
that whereas on the one hand elaborate provisions exists in international law guaranteeing the
right to economic self-determination for states, the efficacy of the provisions is blunted by the
existence some of limiting provisions and practices. Internal economic self-determination for
peoples within a state is hampered by domestic constitutional constraints and the overriding
force of state sovereignty that resides in central governments as against federating units or
peoples. In the final analysis, it is therefore recommended, inter alia, that for the enjoyment of
the full complement of the right to economic self-determination, Nigeria must also garner the
political will to attempt to realise the economic self-determination. Besides working in concert
with other states in negotiating economic and other treaties, Nigeria should, where appropriate,
employ the instrumentality of reservation. In all these, developing appropriate and
knowledgeable manpower backed by viable and effective institutions is sine qua non.
Description
A DISSERTATION SUBMITTED TO THE SCHOOL OF POSTGRADUATE STUDIES,
AHMADU BELLO UNIVERSITY, ZARIA, NIGERIA, IN PARTIAL FULFILLMENT
OF THE REQUIREMENTS FOR THE AWARD OF THE DEGREE OF DOCTOR OF
PHILOSOPHY (PhD, PUBLIC LAW)
DEPARTMENT OF PUBLIC LAW,
FACULTY OF LAW,
AHMADU BELLO UNIVERSITY,
ZARIA, NIGERIA
Keywords
RIGHT,, ECONOMIC SELF-DETERMINATION,, INTERNATIONAL LAW,, NIGERIAN CHALLENGE.