Law and Legal Expert

Treatise on the case concerning the land and maritime dispute between Nigeria and Cameroon

of Uchenna Iloko

Content

Content 1

Latin Maxims and their values ​​2

Summary 3

Introduction 5

Chapter 1 11

Background 11

Bakassi story 12

Anglo-German Treaty of 1913 17

plebiscite 21

Yaoundé Declaration of 1971 23

Maroua Declaration of 1975 24

Gowon and the Bakassi 25

Issues of the Supreme Military Council 29

Section 2: 31

Treaties 31

The validity of the Anglo-German Treaty of 34

Ratification of the Anglo-German Treaty of 1913 38

Termination of Contract 40

self-determination 43

The interface between legal and political arguments 55

Chapter 3: 57

Judicial Dispute Resolution 57

Arbitration 58

International Court of Justice 60

Composition of the Court 64

Court’s jurisdiction 65

Chapter 4 68

68 Analysis of Judgement

Latin Maxims and their meanings

nemo dat qui ne hath : Those who can not give what is

inter alia: Among other things

rebus sic stantibus: This item Affairs; circumstances.ie the name given to the implied condition, said to add all the contracts that they cease to be required as soon as the facts and circumstances in which they were founded in the state has substantially changed

UTI posseditis: the phrase used is that the parties have contracted to maintain what they have gained strength during the war

jus cogens. peremptory norm of general international law accepted and recognized by the international community, States, as the rate at which deviate from the permitted and which may well be changed only by the rate of general international law having the same symbol

territorium null. area and no one

<. p> res nullius: A no title

terra nullius: the land no one

ipso facto: it is the same, just a fact. The mere impact of the act or this

lis alibi pendens: suit pending elsewhere

res judicata. Thing adjudged, Legal seen or found, the thing or matter addressed in the decision

lex posterior. after the statute takes away from the prior one

pacta sunt servanda effect: agreements and conditional contract between the parties must be respected

ab initio: From the very beginning, from the first act from the beginning

Supra: Above. This word is itself the book refers the reader to the earlier part of the book

s not ex inuiria oritur. One can not win the right of illegal activity

quiet a mover. Not to destroy things that are set up

SUMMARY

between Nigeria and Cameroon to the conflict with the reference line and the territorial dispute. The main areas Bakassi Peninsula dispute.

Tests here have been previously resolved through bilateral negotiations and other peaceful conflict management strategy for the dispute, but in 1981 and again in 1993 and 1994 almost degenerated into a dispute between Nigeria and Cameroon to the war.

Cameroon v Nigeria case, filed the World Court in 1994 in a dispute relating to sovereignty in principle, the question Bakassi peninsula, and also asked the maritime delimitation between the two countries.

According to a further application in Cameroon, later that same year, the subject of the dispute has been expanded to include a specific determination of land boundary between the countries from Lake Chad to the sea. Of March 1994, but was asked the International Court of Justice in The Hague.

of the past or recently published on the subject and the Government of Nigeria issued a statement rejecting the verdict of the International Court of Justice.

Introduction

This critical analysis of the case for land and maritime boundary between Cameroon and Nigeria over Bakassi Peninsula is directed primarily to students (especially for law students), Nigeria and the international community.

It helps to draw them to the nature and dynamics of international conflict, according to the national debate, particularly its legal and political consequences of the historical perspective, legal issues of fact and law and conflict management strategies / mechanisms that have been previously and can still be used to solve the matter without resort to war, which is the best interests of all parties involved in the dispute.

Actually, it is written from the Nigerian bias, albeit a well-balanced with a great tool for objectivity.

International conflicts or clashes or competition within national borders. Struggle in many cases by one or more governments to monopolize the resources for the Exploration of the disputed territory1. So, specifically, a number of international conflict is seen as an inter-governmental competition and bone of contention is usually the territory or other resources.

between Nigeria and Cameroon, the conflict is no exception. Bone of contention in this case, the oil-rich Bakassi Peninsula

over Bakassi Peninsula dispute, there are certain objections to the product;. First, between tradition and modernity, The Clash, before the colonial history of the ancient kingdom of Calabar is haunting – the colonial reality of modern Nigeria and Cameroon

Second, is the fact of cartographic and cultural conflicts Realty map with the voltage of people

Third are confused between international law and the existential imperatives dictated by the struggle of human conflict

Second, is the raison D. gap between the needs of Tiree and the needs and concerns of citizens2.

from Cameroon and Nigeria over Bakassi peninsula, a conflict is just another hopeless colonial heritage of the offspring. African territories, although they regained their independence and national sovereignty, can not strictly be considered a national state, they do not accept the concept of a people, a common language, common history and common culture, they are in fact arbitrary tracks foreign diplomats.

how the peoples of African origin, through the closing years of the nineteenth century they had to scramble for territory artificially contrived to leave the border line, which now separates the nascent African heritage states.3

Here lies a cruel dilemma, because there are a lot of unrealized potential sources of problems with the exception of Cameroon and Nigeria case, the result of international boundaries, created by our colonial masters displeasure. Foreigner diplomats were primarily interested in grabbing more territory in Africa and it was unnecessarily worried about the affect of ethnic groups and indigenous political regime harmful consequences. Manner in which these limits were often the subject of an after-dinner jokes between European countries men4.

example is provided by the former Commissioner and Consul-General who is actively involved in the Niger and what wall drawing at the Western Cameroon.

It is to address the Royal Empire Society in those days we just took a blue pencil and simple, and we put it down Old Calabar, and drew the Blue Line, Yola … I remember thinking when I was with the Emir sittinghaving ( from Yola) audience, surrounded by his family thatit was a very good thing that he notknow that I, with a blue pencil and rule over their haddrawn territory.5European Sat country line together and the total in Africa, for example, a group of hunters to share the sacrifice of animals hunting expedition. African people have been torn apart, close friends and relatives found themselves in different administrators. Incompatible tribes forced to live in one country. The colonial drama, the tribes were divided between the Cross River State of Nigeria and south-west province of Cameroon.

1960, but colonial masters began to give independence to its former colonies in Africa, which raised the progress of the colonial regime and the reform question the African continent and its people to respect their tribes and their rights heritage6.

The adoption of the proposal would be allowed to reject all the continents of Africa’s colonial treaties and threshold adjustment, because these contracts and the limits of the main elements of the African desert life and heritage.

In 1913, the Treaty between Germany and Great Britain was one of those colonial treaties. a serious treatise on the importance of this topic, because it was assumed by the The International Court of Justice issued its decision in Cameroon. The contracts were as robbery, they did not think that people can decide for themselves the rights. these contracts and the artificial borders shall be allowed on the African continent and the countries to stand on its real basis, ie, their relatives .

This restoration would lead to a new African development, was built on people, rather than the colonial treaties, the new Africa is built on a real set of people will be. rather than an artificial and unfair to the outside

The International Court of Justice ruled that over the disputed Bakassi peninsula, Cameroon sovereignty lies with the boundaries between Great Britain and Germany, according to the result of the Anglo – German Agreement March 11, 1913.

your own decision without the Bakassi peninsula over sovereignty, the court shall determine the boundary line of Lake Chad area and the Lake Chad Bakassi Peninsula, as well as maritime borders. both parties the Court noted that the land border dispute between the parties falls within the historical frame work, which I include the partitioning powers in Africa during the nineteenth and early twentieth century period, II. Subsequent amendments and the status of the territories under the UN the mandate of the League III. UN Trust; .. IV, a possible connection to the independence of the territory above the historical framework but have an impact on many factors, including various international instruments such as conventions and treaties, diplomatic exchanges, and certain administrative instruments. 7

For over Bakassi Peninsula, the Court held that the dispute between Cameroon and Nigeria to limit this field are defined in Article XVIII to XX of the Anglo-German Agreement of 11 March 1913. The court rejected the argument of Nigeria, the Bakassi Peninsula by the name of sovereignty is never transferred to Great Britain Kings and Chiefs of Old Calabar. the court noted that the Security Treaty was signed in September 1884 between Great Britain and the king of Old Calabar and the Chiefs did in the territory, which the British Crown was to extend the “gracious favor and protection, it also shows areas by each of the kings and leaders, signed the agreement, exercise of its powers, the Court held, therefore, that the British had a clear understanding of both areas were ruled by kings and heads of Old Calabar, as well as their understanding that it manages in the region “Indirect rule8.

The court noted that after the First World War, Germany renounced its colonial possessions; including those received in 1913 an agreement to, and that these territories were divided between Great Britain and France in accordance with the League of Nations mandate. Bakassi was a British Cameroon, where he remained after the Second World War, when the power was converted into a trust under the United Nations auspices.

The court ruled that Nigeria became independent in 1961, explicitly and publicly recognized name in Cameroon Bakassi also acknowledged that Cameroon has been since its independence in business, which clearly stated that it was not in any way waive its name to the Bakassi . In addition, the court ruled that Cameroon immediately protested to the 1994 invasion of Bakassi Nigeria’s military.

court concluded that the current decision is binding on Nigeria expeditiously and without condition to withdraw its administration and its military and police forces from the Bakassi Peninsula9, but the Nigerian government issued a statement rejecting the sentence of the International Court of Justice.

In addition, we have seen in a very short, what we look at more comprehensive approach.

for the full version of this work href = “http://www.ucheiloka.org”http://www.lstt-polinema.com/category/law/”> military and police post