The Bakassi Dispute and the International Court of Justice: Continuing Challenges

Cover
Title Page
Copyright Page
Contents
Notes on
contributors
Introduction
	Notes
Chapter 1: Bakassi case: Challenges of case management of 
international litigation
	Introduction
	The background to the case
	Referral to the International Court of Justice
	Choice of counsel
	Interlocutory proceedings and the progress of the case before 
the Court
	The pleadings
	The atlas
	Political background
	The Nigerian team
	Sources of evidence
	The sovereignty disputes
	Effectivités
	The land boundary
	Maritime boundary
		Offshore
	Bakassi
	State responsibility claims
	The Court’s Judgment of 10 October 2002 and subsequent 
developments
	Impact of the case and subsequent jurisprudence
	Notes
Chapter 2: Should Nigeria have sought revision of the Bakassi Decision by the 
International Court of Justice?
	Introduction
	Preliminary points about revision
	Requirements for revision
		Newly discovered facts must be of decisive character
		Absence of negligence in discovery of facts
	Assessing Nigeria’s case for revision
		Discovery of new facts
		Principles of equity
	Conclusion
	Notes
Chapter 3: Resolution of international disputes through preventive diplomacy by the United Nations: Case study of the Cameroon v. 
Nigeria case
	Introduction
	United Nations and preventive diplomacy
	Case concerning the land and maritime boundary between 
Cameroon and Nigeria (Bakassi)
	Brief comments on the judgment
	Implementation of the judgment
		The anticipatory dispositions and summit
		Other implementation steps by the Secretary-Generaland the two Presidents
		The Greentree Agreement
		The Follow-up Committee and Observer Team
	The Cameroon–Nigeria Mixed Commission
	Other UN agencies involved in the implementation of the judgment
	The role of the Witness States
	Conclusion
	Notes
Chapter 4: The ICJ decision on the Cameroon–Nigeria Bakassi dispute and issues  arising: A Cameroonian perspective
	Introduction
	Background
	Reaction to the ICJ Judgment
	Implementation of the Judgment and related issues
		Mandate and role of the Cameroon–Nigeria Mixed Commission (CNMC)
	Adoption of the Greentree Agreement
	Post-conflictdevelopments and potential challenges
		Fostering social cohesion among the residents in the Peninsula
		Security and administration in the Peninsula
		Cross-border cooperation
		Conclusion: the way forward
		Notes
Chpater 5:
The ICJ Bakassi Decision: The rights of the indigenous communities  and populations in the Bakassi Peninsula
	Introduction
		Case background
	Indigeneity and/or indigenousness of the peoples and communities in the Bakassi Peninsula
	Indigenous ties and affinities to ancestral land: a case study of the Bakassi Peninsula
		State undertakings under international law
		Greentree Treaty obligations and the rights of indigenous peoples to maintain close ties and links with ancestral land
	Relocation of Bakassi indigenous populations – forceful or peaceful removal from ancestral land?
		Compensating displaced indigenous communities
	The role of free prior informed consent (FPIC) in the furtherance of the rights of indigenous populations in the Bakassi Peninsula
	Conclusion
	Notes
Chapter 6:
Bakassi Decision: International law and the acquisition of  sovereignty over land territory
	Introduction
	Framework for analysis: three paradigms concerning acquisition of territory
		The traditional paradigm
		The Island of Palmas paradigm
		The Burkina Faso/Mali paradigm
	Legal title: the validity of the Anglo-GermanAgreement of 11 March 1913
	Effectivités: examination of basis of title to Bakassi advanced by Nigeria
		An historical consolidation of title
	Conflict between title and effectivités
		Impact of the Bakassi Decision on maritime delimitation
	Evaluation: change and continuity of the international law of acquisition of territory
		Variable meaning of title and effectivités
		Static characteristics of the Burkina Faso/Mali paradigm
		Passing of sovereignty in the 2008 Malaysia/Singapore case
	Conclusions
	Notes
Chapter 7: The Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v. Nigeria Equatorial Guinea intervening) case: Interrogating some ongoing law of the 
sea challenges
	Introduction
	Delimitation of maritime boundary
	Domestic law of the sea implications of the Bakassi case: reconfiguring Nigerian domestic maritime boundaries
	Territorial sea and innocent passage of warships
	Concluding remarks
	Notes
Chapter 8: The ICJ Bakassi Decision: Prospects and implications for the exploitation of petroleum resources in 
contested waters
	Introduction
	Toxic mix of maritime boundary disputes and contest for access to petroleum resources
		Dispute between Somalia and Kenya over the oil-rich East African coast
		Dispute between Ghana and Côte d’Ivoire over oil-rich waters
	Implications of maritime boundary disputes for petroleum exploration investments in contested waters
		Industry’s changing appetite for investment in contested waters
		Is the Gulf of Guinea moving from disputes to cooperation and joint development?
	The significance of oil concessions and licences over contested waters in maritime boundary delimitation
		Oil concessions granted over disputed Bakassi waters
		he ICJ’s attempt to settle the role of oil practice in maritime delimitation
		Inherent contradictions and complications of ICJ’s decision on the grant of petroleum concessions over disputed waters
	ITLOS vs ICJ approaches to maritime boundary delimitation –Bangladesh v. Myanmar (dispute in the Bay of Bengal) case study
		Reference to the International Tribunal on the Law of the Sea (ITLOS)
		The landmark ITLOS judgment
	Peaceful implementation of ICJ’s Bakassi Decision as ‘good practice’ in resolving maritime boundary disputes?
		Greece/Turkey delimitation dispute
		Maritime delimitation in the Black Sea – Romania/Ukraine
		Gulf of Guinea Commission and West Africa’s evolving practice of peacefulr esolution
	Case management of maritime boundary disputes with underlying battle for petroleum resources: Nigerian–Bakassi case study
		Boundary settlements which are mutually satisfactory, favourable and sustainable
		ICJ’s biased judgment or Nigeria’s middling case management?
		Could the Bakassi peoples by referendum have overruled the ICJ’s decision that the Bakassi Peninsula should be transferred by Nigeria to Cameroon?
	Conclusion
	Notes
Chapter 9: The role of a Joint Development Agreement (JDA) in resolving the conflicts and uncertainties over maritime boundary delimitat
ion: A missed opportunity in the Bakassi case
	Introduction
	International legal framework for maritime boundary delimitation
		Dispute resolution with respect to international maritime boundaries
		Some judicial authorities on delimitation
		Legal basis for the adoption of a JDA
	The Nigerian–Cameroon land maritime boundary dispute over theoil-rich Bakassi Peninsula
		Background of Nigeria and Cameroon oil and gas industry
		The Bakassi conflict
		The resolution of the conflict
		Disputes and uncertainties post-ICJjudgment
	The joint development agreement between Nigeria and Sao Tome and Principe (STP)
	JDA as an alternative in maritime boundary disputes
	Conclusion
	Notes
Index