AN APPRAISAL OF THE CONCEPT OF COLLECTIVE SECURITY UNDER INTERNATIONAL LAW

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ABSTRACT

This research examined the concept of collective security under international law and specifically examined the basis of the existence of such arrangements, the challenges and problems facing them and also proffered solutions to identified problems by way of recommendations at the end of the research. The doctrinal method of research was used to analyze the concept of collective security under international law generally with particular reference to the West African region. Some relevant literatures on collective security under international law were relied upon in the appraisal of the concept, starting from its historical evolution with the formation of the League of Nations to the United Nations (UN) and later regional arrangements like the Economic Community of West African States (ECOWAS). Some of the challenges and problems facing the various collective security arrangements locally and globally identified include, lack of funds to facilitate activities like peacekeeping operations and humanitarian aid, fighting environmental challenges like floods and earthquakes. Political military and legal challenges were also identified in the research. On the whole it was found out that the concept of collective security is a vital one to the development of peace and security at all levels. And in view of the challenges and problems identified it was therefore recommended that collective security arrangements should endeavour to intervene promptly in crisis of member states. Considering the slow response of the United Nations Security Council in crises of some member states we recommend the creation of a new organ with no permanent members, but representatives of all continents on rotational basis; and that among other things Economic Community of West African States (ECOWAS) should enhance its border security to reduce illegal migrations and proliferation of arms that contribute immensely to the acts of terrorism.

      TABLE OF CONTENTS          
Title page i
Declaration ii
Certification iii
Dedication iv
Acknowledgement   v
Abstract vii
Table of Contents viii
Table of Abbreviations xi
Table of statutes xiii
  CHAPTER ONE: GENERAL INTRODUCTION        
1.1 Background of the Study 1
1.2 Statement of the problem 5
1.3 Aims and objectives of the Research – 7
1.4 Justification of the Research 7
1.5 Scope of Research 8
1.6 Research Methodology 8
1.7 Literature Review 9
1.8 Organizational Layout    
  14                  

CHAPTER TWO: CONCEPTUAL AND LEGAL FOUNDATIONS FOR COLLECTIVE SECURITY

2.1 Introduction   – 16
2.2 Conceptual Clarification of Terms and Legal Framework- 17
2.3 History and Development of Collective Security 26
2.4 Types of Collective Security Bodies 34
        8            
2.4.1 The United Nations 35
2.4.2 The African Union 40
2.4.3 North Atlantic Treaty Organization’s (NATO) 44
2.4.4 Economic Community of West African States (ECOWAS)- 46
2.4.5 The South African Development Community (SADC) 47
2.4.6 Intergovernmental Authority for Development (IGAD) 48
2.4.7 ANZUS Pact   50
2.4.8 South East Asian Treaty Organization (SEATO) 50
2.4.9 Central Treaty Organization (CENTO) 50
2.4.10 WARSAW Pact 51
2.4.11 The Arab League 52
CHAPTER THREE: COLLECTIVE SECURITY IN WEST AFRICA    
3.1   Introduction- 54
3.2   The Economic Community of West African States (ECOWAS) 54
3.2.1 The Authority of Heads of State and Government 55
3.2.2 The Commission 56
3.2.3 The Parliament – 57
3.2.4 The Community Court of Justice 58
3.2.5 ECOWAS Bank for Investment and            
  Development (ECOBANK)   60
3.3   The Economic Community of West African States          
Monitoring Group (ECOMOG) 61
3.3.1 ECOWAS before the Creation of ECOMOG 62
3.3.2 ECOWAS after the Creation of ECOMOG 65
3.4   The Economic Community of West African States (ECOWAS)      
Mechanism on Collective Security  
70                    

CHAPTER FOUR: THE CHALLENGES AND PROBLEMS OF THE CONCEPT OF COLLECTIVE SECURITY

4.1 Introduction 81
4.2 Global Challenges of Collective Security 82
4.3 Regional Challenges of Collective Security with Particular        
  Reference to West Africa   90
  4.3.1 Political Challenges 90
  4.3.2 Military Challenges 94
  4.3.3 Technical Challenges – 97
  4.3.4 Legal Challenges   100
  CHAPTER FIVE: SUMMARY AND CONCLUSION        
5.1 Summary   104
5.2 Findings   105
5.3 Recommendations   107
5.4 Conclusion 109
  References   112
    LIST OF ABBREVIATIONS
Symbol   Meaning
A.U African Union
ECOWAS Economic Community of West African States
NATO North Atlantic Treaty Organization
UN United Nations
UNSC United Nations Security Council
EU European Union
ECOMOG ECOWAS Monitoring Group
SEATO South East Asian Organization
SADC South African Development Community
IGAD Intergovernmental Authority for Development
DPKRS Department of Peacekeeping and Regional Security
EBID ECOWAS Bank for Investment and Development
ERIB ECOWAS Regional Investment Bank
ERDF ECOWAS Regional Development Fund
NEPAD New Partnership for Africa Development
PNA Protocol Relating to Non-Aggression
AAFC Allied Armed Forces of the Community
PMAD Protocol Relating to Mutual Assistance and Defence
MSC Mediation and Security Council
DSC Defense and Security Commission
SALW Small Arms and Light Weapons
TOC Transnational Organized Crimes

LIST OF STATUTES

Constitutive Act of the African Union, 2000

Economic Community of West African States Revised Treaty 1993

Non-aggression Pact of 1978

Protocol on Mutual Defense Assistance 1989

Protocol Relating to the Mechanism for Conflict Prevention, Management, Resolution, Peacekeeping and Security 1999

United Nations Charter 1945