The Challenges of Implementing International Treaties in Third World Countries: The Case of Maritime and Environmental Treaties Implementation in Nigeria (original) (raw)

Most third world countries, including Nigeria have traditionally been active participants within the United Nations system. These countries have also participated in numerous international treaties and conventions on a range of important global issues. However, it would seem that in spite of their enthusiasm to participate in international treaties on various subject matters, extant policies and practices in many of these countries appear to be inadequate in meeting international treaty standards and obligations. This is particularly the case with respect to implementation of treaties relating to maritime and environmental issues in Nigeria. It appears that the country lacks either the necessary capacity or the political will for effective domestication and implementation of the requirements and standards concerning several maritime and environmental treaties. This paper examines the pattern of failures to implement or meet expected treaty standards, which are prevalent particularly in the Nigerian maritime and environmental sectors. It argues that the failures are due to a combination of inadequate prerequisite technical capacities and the lack of political and economic will on the part of the government and non-government operators in the affected sectors. The paper further opines that this trend creates considerable challenges that could affect and limit the interests and welfare of the Nigerian people as well as the standing of the country as a compliant member of the international community. The paper concludes that in order to begin to redeem the situation, the country must effectively strengthen and enforce standards and regulations governing maritime and environmental practices. 1. Introduction Nigeria has been a very active member of the international community since gaining independence and joining the United Nations in October 1960. Like other third world and non-aligned countries, Nigerian leaders at independence declared unequivocally the country's belief and commitment to the international system built around the United Nations. Successive leaders and governments have maintained this position. Thus, Nigeria has remained active within the United Nations system and demonstrated commitment to and acceptance of the international political and legal system embodied in various universal and multilateral treaties and conventions instituted under the aegis of the United Nations. However, beyond the country's apparent enthusiasm and commitment to participate in international treaties, there is the question whether Nigeria is indeed capable of effectively interpreting, domesticating, and implementing international treaties that the country contracts or accedes to. Another question that also arises is whether behind the façade of the enthusiasm to accept and be party to numerous international treaties, the Nigerian state is willing to implement the obligations and standards enshrined in those treaties. While it could be said that Nigeria generally fulfills its treaty obligations in good faith, there are specific cases or subject matters in which the country's posture seems to suggest that it either lacks the capacity to interpret and implement the requirements of those treaties, or it is unwilling to do so because of certain constraints and/or interests. These questions are particularly germane in respect of international treaties relating to or dealing with the regulation of maritime activities and protection of the environment. Available records have shown in several cases, that the country has failed to implement or put in place necessary standards, policies and structures required to meet the expectations of various international maritime and environmental treaties and conventions to which it is a party. In certain cases, the country has altogether refused to be a party to such treaties and conventions, even though they relate to matters that are crucial to the social-economic and physical well-being of the country and its people. This paper explores the pattern of inability or unwillingness to meet expected treaty standards, which is prevalent particularly in the Nigerian maritime and environmental sectors. The paper also examines the reasons and explanations for this trend which contradicts the avowed foreign policy posture of the country as a compliant and progressive member of the international community. It argues that the trend is not desirable and could have potentially negative consequences and costs for the interests and welfare of the Nigerian people, as well as the country's standing as a compliant member of the international community. The paper concludes that in order to begin to redeem the situation, the country must effectively strengthen and enforce standards and regulations governing maritime and environmental practices.