Law of the Sea and Nigeria-Cameroon Relations: the Bakassi Dispute Revisited

Description

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Abstract

The discovery of oil deposits around the golf of Africa and in the Bakassi Peninsula led to series of claims and counter-claims of sovereignty over the peninsula.

The heighten debate and bone of contention over the Bakassi Peninsular has evolve basically around the fact that each country wanted to own the richly endowed Bakassi peninsular so as to control the large mineral deposit in the area.

The research tries to assess the causes and the role of natural resources in the conflict, the effects of the conflicts and the Green Tree Accord to the local residents of the peninsula.

Hence, the bakassi dispute is within the territorial waters of Nigeria and Cameroon, The Law of the Sea was imputed to proffer justice to the dispute. It is against this backdrop that the International Court of Justice (ICJ) Judgment on the Bakassi peninsula is critically examined.

Broadly, this research looked to examine the law governing the sea and the Nigerian-Cameroon Relations and to revisit the Bakassi Dispute.

Introduction

The law of the sea according to Umozurike (2001) was largely codified in the four conventions of 1958-Geneva convention territorial sea and contiguous zone, Geneva Convention on the high seas, Geneva Convention on the continental shelf and Geneva Convention of fishing and conservation of the living resources of the high seas.

The Geneva, convention on the high seas was generally declaratory of customary rules; the others were partly declaratory and partly a progressive development of the law:

A number of issues, notably the width of the territorial sea and the right of innocent passage for warships through straits that also form parts of territorial seas were not settled in the first UN conference in 1958 nor were they in the second conference held in 1960.

The need for a third conference arose from the need, inter alia, to settle those outstanding issues.

There had been technological developments in deep sea mining and a greater recognition of the need to conserve fish and prevent or control pollution.

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