A CRITIQUE OF THE MECHANISM FOR THE ENFORCEMENT OF INTERNATIONAL COURT OF JUSTICE (ICJ) JUDGEMENT: A CASE STUDY OF CAMEROON vs NIGERIA


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TABLE OF CONTENT

Title Page
List of Statutes
List of Abbreviation
List of Cases
Abstract
Table of Content

CHAPTER ONE:
1.1     General Introduction
1.2     Aims and Objectives of the Research
1.3     Scope of the Research
1.4     Literature Review
1.5     Research Methodology
1.6     Statement of the Problem
1.7     Justification of the Study
1.8     Organizational Layout

CHAPTER TWO: Boundary Dispute and Conflict among African States
2.1     Introduction
2.2     Bakassi Peninsula: A Source of Conflict
2.3     Implication of ICJ Judgment on Bakassi Peninsula
2.4     ICJ Judgment and Abuse of Human Rights

CHAPTER THREE: An Overview of the International  Court  of Justice
3.1     Introduction
3.2     Historical Evolution of the International Court of Justice
3.3     Membership of International Court of Justice
3.4     Power and Jurisdiction of the Court
3.5     Advisory Opinion of the International Court of Justice
3.6     International Court of Justice in Perspective

CHAPTER FOUR: Mechanism for Enforcement of ICJ Judgments
4.1     Introduction
4.2     Pacific Settlement of Disputes Adjudication
4.3     Proceedings of the International Court of Justice
4.4     Preliminary Objections
4.5     Incidental Proceedings
4.6     Judgments of the International Court of Justice
4.7     Trends and Issues of Enforcement

CHAPTER  FIVE:  Enforcement  of  International  Court  of  Justice Judgment in the Case of Cameron Vs Nigeria
5.1     Introduction
5.2     Cameroon Vs Nigeria: Facts of the Case
5.3     Decision of International Court of Justice and its Consequences
5.4     Compliance with the Court’s Decision
5.5     Consequences of Non-Compliance with the Decision of the Court
5.6     Options of the Decision
5.7     A Critique of the Green Tree Agreement

CHAPTER SIX: Summary and Conclusion
6.1     Summary
6.2     Findings
6.3     Recommendations
          Bibliography




ABSTRACT

The border relations between Nigeria and Cameroon remains an issue that gives all concerned a task to ponder. It is however clear that the boundary inherited by Nigeria at independence, especially in the Cameroon remains ill-defined. The Northern sector of the boundary has witnessed less problems because of the presence of physical features that were used to delimit the boundary such as mountains, hills, lakes, rivers, etc. Ebeji and Tiel in this sector have sometimes confused the exact extent of the boundary. However, the administrative acumen of the traditional rulers in this sector, coupled with the historical and cultural links between the people of the border area have contributed immensely in averting large scale border clashes. The Southern sector, which is mainly over marshy terrain, is a lot more difficult to mark by physical features hence the frequent border clashes experienced along the area. The economic importance of the oil rich Bakassi Peninsula has not in any way mitigated the problem. Considering the fact that fishing, maritime transport and associated business thrive in this area, border clashes will continue to be experienced even after the judgment of the ICJ. This research was provoked as a result of the myopic and faulty judgment delivered by the International Court of Justice, the gross abuse of human rights of the inhabitants of Bakassi Peninsula who are majorly Efik speaking people of Cross River State of Nigeria; and the way and manner the settlers of the Peninsula were given ultimatum to vacate the place for Cameroonian occupation. The researcher employed the doctrinal methodology and the use of internet; and found that the Green Tree Agreement was not only faulty but a flagrant abuse of the peoples‟ rights. That irrespective of the non-ratification of the Green Tree Agreement by the National Assembly, thus domesticating its application municipally, it does not by any inch remove the obligation placed on Nigeria for total compliance to the ICJ judgment.




CHAPTER ONE

1.1      General Introduction

The African territories which have attained independence and national sovereignty, cannot in a strict sense, be regarded as national states where all the coordinating states are controlled by a central government. They do not embrace a common past and a common culture; they are indeed, the arbitrary creations of the colonialist. The manner, in which European nations descended on Africa during the closing years of the nineteenth century in their scramble for territory, was bound to leave a heritage of artificially controlled borderlines, which now demarcate the emergent African states. It is against this backdrop, that the International Court of Justice (ICJ) Judgment on the Bakassi Peninsula is critically examined. It is intended to consider the international agreements of the era of the scramble for Africa as source of conflict among African states. Undoubtedly, several boundary disputes have broken out between African states and there appears to be no acceptable criteria to employ as a guide to the settlements of these “unhappy legacy of colonialism”. Historical research may enable African leaders/statesmen to borrow a leaf from their pre-colonial ancestors whose attitude to the problems of „international‟.......


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