THE RIGHT TO ECONOMIC SELF-DETERMINATION, INTERNATIONAL LAW AND THE NIGERIAN CHALLENGE

By

Author

Presented To

Department of Law

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.