Ocean law reform: A multi-level comparative law analysis of Nigerian maritime zone legislation (original) (raw)
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This paper examines international maritime zones recognized under the international law and the jurisdiction exercised by the coastal states within the zone with a view to ascertaining the relevance of national legislation and judicial decisions in relation to Nigeria. Categorically, maritime boundaries delimitation has created challenges to national legislation and judicial decisions to coastal states like Nigeria. This paper argue that is clear that UNCLOS III is the principal law concerning maritime boundaries claims by the coastal states and established maritime zones with clear jurisdictions to be exercised by the coastal state. It fundamentally protects the rights of both coastal states and non coastal states. The paper adopts doctrinal methodology and the analysis is descriptive in nature. The paper reveals that Nigerian legislation recognized the maritime zones established by UNCLOS III and its provisions were couched in such a way as to avoid conflict between domestic and international laws. Judicial decisions in Nigeria relating to maritime zones were also decided in such a way that the provisions of UNCLOS III and other international treaties to which Nigeria is a signatory are not in conflict with domestic laws. The paper reveals that there are gaps in Nigeria's legislation in implementation of many aspects of UNCLOS III. These include absent of regulatory body in Nigeria saddle with the responsibility of regulating maritime policies, failure to give notice on domestic laws and policies relating to innocent passage through the territorial waters of Nigeria among others and these to a large extent made Nigeria far behind in maritime policies. The paper recommends among others that Nigeria shall have a comprehensive regulatory body saddle with the responsibility of regulating maritime policies and all the legislation regulating maritime zones in Nigeria be amended to reflect and be in accordance with the provisions of UNCLOS III. This is in line with International Best Practices.
A CRITICAL APPRAISAL OF THE DELIMITATION OF NIGERIA'S INTERNATIONAL MARITIME BOUNDARIES
The seas harbour so much resources that littoral states with enough technology to tap these resources have relished doing so, making good fortunes for their citizens from this. But there are boundaries off-shore just as on-shore that must be taken cognizance of in the course of exploiting these seas resources. The delimitation of the seas zones have raised issues among neighbouring coastal states, constituting enough international concerns, one of which includes Nigeria and Cameroon over the oil-rich Bakassi Peninsula, where the boundaries issue have constituted some brouhaha over the years before adjudication between the two neighbours. This paper examines these sea zones in turn as regulated by the United Nations Convention on the Law of the Seas presenting how this has shapen the use of the seas. It also examines issues in the Cameroon/Nigeria Maritime Boundaries, and ends with a conclusion and recommendation.
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.
INTERNATIONAL LAW OF THE SEA; A BLEND OF LAW, POLITICS AND ECONOMICS
The Law of the Sea reflects the competing interests of Nations over the resources of the oceans since humanity first set forth upon the seas. The sovereign control over the oceans has been an ongoing concern prior to the 20th century under the concept of Mare Liberium and Mare Clausum. This principles developed and limited national rights and jurisdiction over a narrow band of water along a nations’ coast, with the rest of the sea free to all and belonging to none. With the technological developments of the 21st century which allows the exploitation of ocean resources that had never before been envisioned and accessible, there was a need to preserve the High Seas with its unimaginable rich resources as the common Heritage of Mankind. Nations began to negotiate their interests in the oceans and a universal regime known as UNCLOS III was agreed upon. These events display the fine blend of applied international law, politics and selfish economic interests as related in notable decisions of the ICJ. Today, there are new issues to be dealt with starting with pollution, the inevitable and intensive exploitation of high seas in the face of the 1994 Implementation Agreement, increasing jurisdictional claims amongst others. This research work analyses the making of UNCLOS III, dispute settlement mechanism, sustainable use of the oceans and the Nigerian Maritime Sector. This research work concludes with the arguments whether or not UNCLOS III has come to stay as the world legal order on the sea and proffer recommendations.
The Law of the Sea: A Review of Major Contributions of African States
This paper focused on the law of the sea and the major contributions made by African states to its development. The methodology for the study was based on the secondary source of data collection from textbooks, journals, articles, online papers, etc. while neo-liberalism was adopted as theoretical framework. From the findings derived through content analysis, the paper showed that much of the studies conducted on the subject matter of the law of the sea have concentrated more on the contributions from the developed countries of the world, especially the maritime powers, to the development of the law than those by the developing nations of which Africa is part. This stemmed basically from the notion that during the first and second United Nations Conferences on the Law of the Sea the majority of African states were still under the burden of colonialism which limited their chances of meaningful participation and contributions. The paper, however, argued that in spite of this limitation, Africa's contributions to the development of the law of the sea were noticeable, especially during the Third Conference which took place between 1973 and 1982. These were majorly in the Exclusive Economic Zone Concept, the Rights of the Landlocked Countries, the Chairing of the Committee I on deep seabed in the third Conference, etc. The findings also indicated that the law of the Sea succeeded in bringing a sigh of relief to the sea users who hitherto suffered incessant squabbles due to the absence of a regulatory framework. Finally, the paper made some recommendations. Prominent among them was that African scholars should work hard to counter the wrong narratives on the contributions of African States to the development of the legal framework for the regulation of the use of resources of the seas.
The Emergence of Nigerian Maritime Cabotage Laws and the Future of Its Maritime Commerce
The Journal of Social Sciences Research, 2020
Nigerian maritime cabotage laws evolved to add efficiency to the country’s maritime industry, especially in the area of indigenous fleet expansion, ship building and human capacity development. The aim was to curtail foreign dominance and unequal competition by non-Nigerian operators. Since the enactment of the Cabotage Act, attempt at successful and beneficial implementation could not be achieved due to regulatory inadequacies. What is obtainable now includes foreign dominance, unfair competition, policy failure, institutional ineffectiveness, absent of stable local capacity, regulatory problems, fiscal deficiencies, lack of political will by the government. In view of these inadequacies, appropriate remedial regulatory measures need be considered. These include regulatory overhaul or ample review of all extant maritime laws which are no more relevant in a cabotage regime. There is need for institutional reforms which will engender adequate and effective monitoring and enforcement....
Humanus Discourse , 2024
The significance of marine environmental protection and preservation is not farfetched. The marine ecosystems provide essential services that enhance human existence and life on earth, as well as the realization of the global sustainable development agenda. Hence, the United Nations sustainable development goals emphasize the need to conserve and sustainably exploit the marine environment. The responsibility for marine environmental protection and preservation is generally vested on States through the instrumentality of various international, regional, and domestic environmental laws. This responsibility requires States to take all measures necessary to prevent, reduce, and control marine environmental pollution and degradation from any source within their jurisdictions. Against this background, this article aims at the analysis of the legal and regulatory provisions employed by the Nigerian State for marine environmental protection in the country, especially in the upstream petroleum sector. Adopting a desk-based research methodology, the article begins with a review of the relationship between the marine environment and sustainable development. In so doing, the article highlights the adverse effects of upstream petroleum development on the marine environment, and the multiplier effect on the achievement of sustainable development using the Niger Delta Region of Nigeria as a case study. The article proceeds to evaluate the legal framework for marine environmental protection in the Nigerian upstream petroleum sector vis a vis international regulatory framework on marine environmental protection. Consequently, areas requiring policy, regulatory or other legal reforms were highlighted, and relevant recommendations proposed.
The International Journal of Marine and Coastal Law, 2000
On 29 March 1994, Cameroon seized the International Court of Justice of a dispute against Nigeria. Inter alia, Cameroon requested the Court "to proceed to prolong the course of its maritime boundary with the Federal Republic of Nigeria up to the limit of the maritime zones which international law places under their respective jurisdictions". Considering that its rights and interests might be affected by the Court's decision on this matter, Equatorial Guinea filed an Application for Permission to Intervene in the Cameroon v Nigeria case. By an order of 21 October 1999 the Court granted Equatorial Guinea's request. This article seeks to examine the question of maritime delimitation as it is presented to the Court in the Cameroon v Nigeria case, taking into account the geographical setting that characterises the Gulf of Guinea, an area where the potential maritime entitlements of five states overlap considerably.
Legal and Institutional Framework for Maritime Security in Nigeria
This long essay examines the subject of maritime security, directing its focus on Nigeria, its institutional and legal framework for maritime security. The Gulf of Guinea, in which Nigeria is a dominant player has suffered bouts of criminal maritime activity in the past few years, and these activities have affected the economy of Nigeria in no small measure. Maritime Security -or the lack of it- must now be paramount an issue for discourse in the Nigerian polity. Nigerian waters and the adjoining Gulf of Guinea have been designated as a ‘High Risk Area’ and one of the most troubled global waterways. In 2019, the United Nations Office on Drugs and Crime (UNODC) reported that between 2015 and 2017, the total economic cost of piracy, kidnapping and armed robbery at sea incurred by all stakeholders involved in countering these activities (including Nigeria) was US$2.3 billion. On its part, the ICC International Maritime Bureau reported that actual and attempted piracy and armed robberies against ships on Africa’s west coast significantly increased from 47 in 2011 to 64 in 2019. This study's methodology is doctrinal, incorporating both primary and secondary sources. Statutes and judicial decisions serve as primary sources, while articles, internet sources, and books serve as secondary sources. The study found out that Nigeria has taken steps in creating institutional and legal machinery to combat maritime insecurity in the country. However, it is still challenged by the menace. Nigeria still suffers economic losses in harshly huge rates relative to other countries of the world and countries of west Africa. It is also clear, that while Nigeria is party to international agreements and even purports to have domesticated the UNCLOS, its woes are not over. The study concludes that Nigeria’s strides are unrelenting and are yielding results, but they can be consolidated. The Falcon Eye System and the Deep Blue marine security project are landmark achievements worthy of honest recognition. The Suppression of Piracy and other Maritime Related Offences Act 2019 is another stride towards bringing a solution to the menace of maritime insecurity. The incidents of maritime crime hit statistical lows in 2021. It is concluded, that Nigeria has taken baby steps in the march to maritime security which will return great recompense upon consolidation.