Tesi etd-10162023-120821
Link copiato negli appunti
Tipo di tesi
Corso Ordinario Secondo Livello
Autore
FILL, ALICE
URN
etd-10162023-120821
Titolo
The ECOWAS and its Court of Justice: assessing developments and challenges on free movement and migration
Struttura
Cl. Sc. Sociali - Scienze Politiche
Corso di studi
SCIENZE POLITICHE - SCIENZE POLITICHE
Commissione
Tutor Prof. STRAZZARI, FRANCESCO
Relatore Prof.ssa CAPONE, FRANCESCA
Membro Prof. BRESSANELLI, EDOARDO
Membro Prof.ssa LORETONI, ANNA
Membro Dott. RAINERI, LUCA
Membro Prof.ssa CAIANI, MANUELA
Membro Prof. NATALI, DAVID
Relatore Prof.ssa CAPONE, FRANCESCA
Membro Prof. BRESSANELLI, EDOARDO
Membro Prof.ssa LORETONI, ANNA
Membro Dott. RAINERI, LUCA
Membro Prof.ssa CAIANI, MANUELA
Membro Prof. NATALI, DAVID
Parole chiave
- ECOWAS
- Free movement
- Human Rights
- Migration
Data inizio appello
28/11/2023;
Disponibilità
parziale
Riassunto analitico
Entitled “ECOWAS of the People”, the Vision 2050 serves as a roadmap document envisioning an ideal future for the Economic Community of West African States (ECOWAS), aiming to usher in an era of peace and prosperity in the region by mid-century. Amidst the numerous challenges outlined, the role of the Community in shaping and renegotiating the intricate web of mobility regimes within the region stands out as paramount, both in terms of its judicial and political significance.
Building upon these priorities and challenges, the thesis delves into the dynamic landscape of free movement and migration within the ECOWAS, concentrating on normative and institutional developments. The primary objective of this work is to systematically reconstruct the regulatory regional framework on free movement and migration, with a particular focus on the role of the ECOWAS Court of Justice and its jurisprudence, especially on human rights. To this end, the thesis initiates a detailed examination of the interplay between freedom of movement and migration, also referring to identity management systems. First, critical insights into the ECOWAS normative and policy references on free movement are presented, and the Court’s human rights-centred jurisdiction, with its potential to influence regional mobility policies, is analysed. By tracing the Court’s expanding role in human rights litigation and individual complaints, the study explores the complex interplay between continental, international, and regional frameworks governing freedom of movement.
Second, the thesis proposes a comprehensive examination of the Court’s jurisprudence on free movement and migration, elucidating trends, breakthroughs, and setbacks. The analysis delves into the complexities of the Court’s role in navigating divergent priorities and challenges along the region’s borders, providing insights into the gaps between envisaged outcomes and actual occurrences.
Moreover, the thesis sheds light on tensions arising from national pressures and external influences that question the regional regulatory framework on free movement, enabling an assessment of the disparity between community-level standards and national borderwork practices. Adopting a human rights-centric approach and referencing specific national cases, the thesis engages in the debate surrounding the externalization of border management by the European Union and the formulation of national migration policies, using the regional approach as a lens to scrutinize mobility law trends.
Finally, the thesis suggests a dialogue between regional migration and human rights frameworks with the harmonization of identity management systems, particularly focusing on the ECOWAS Biometric Identity Card. It underscores the implications of such developments on migration, mobility, and border enforcement, also providing a counterpoint through litigation examples from relevant cases sued outside the ECOWAS, in Kenya and Uganda. In conclusion, the thesis contributes to the discourse on the formulation of migration regimes in the ECOWAS by exploring the interplay between mobility, identity, and human rights, also suggesting future research avenues.
Building upon these priorities and challenges, the thesis delves into the dynamic landscape of free movement and migration within the ECOWAS, concentrating on normative and institutional developments. The primary objective of this work is to systematically reconstruct the regulatory regional framework on free movement and migration, with a particular focus on the role of the ECOWAS Court of Justice and its jurisprudence, especially on human rights. To this end, the thesis initiates a detailed examination of the interplay between freedom of movement and migration, also referring to identity management systems. First, critical insights into the ECOWAS normative and policy references on free movement are presented, and the Court’s human rights-centred jurisdiction, with its potential to influence regional mobility policies, is analysed. By tracing the Court’s expanding role in human rights litigation and individual complaints, the study explores the complex interplay between continental, international, and regional frameworks governing freedom of movement.
Second, the thesis proposes a comprehensive examination of the Court’s jurisprudence on free movement and migration, elucidating trends, breakthroughs, and setbacks. The analysis delves into the complexities of the Court’s role in navigating divergent priorities and challenges along the region’s borders, providing insights into the gaps between envisaged outcomes and actual occurrences.
Moreover, the thesis sheds light on tensions arising from national pressures and external influences that question the regional regulatory framework on free movement, enabling an assessment of the disparity between community-level standards and national borderwork practices. Adopting a human rights-centric approach and referencing specific national cases, the thesis engages in the debate surrounding the externalization of border management by the European Union and the formulation of national migration policies, using the regional approach as a lens to scrutinize mobility law trends.
Finally, the thesis suggests a dialogue between regional migration and human rights frameworks with the harmonization of identity management systems, particularly focusing on the ECOWAS Biometric Identity Card. It underscores the implications of such developments on migration, mobility, and border enforcement, also providing a counterpoint through litigation examples from relevant cases sued outside the ECOWAS, in Kenya and Uganda. In conclusion, the thesis contributes to the discourse on the formulation of migration regimes in the ECOWAS by exploring the interplay between mobility, identity, and human rights, also suggesting future research avenues.
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