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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.
TABLE OF CONTENT
Title Page – – – – – – – – – – -i
Declaration – – – – – – – – – – -iii
Certification- – – – – – – – – – -vi
Dedication – – – – – – – – – – -v
Acknowledgment – – – – – – – – – -vi
List of Statutes – – – – – – – – – -vii
List of Abbreviation – – – – – – – – -vii
List of Cases – – – – – – – – – -ix
Abstract – – – – – – – – – – -x
Table of Content – – – – – – – – – -xi
CHAPTER ONE:
1.1 General Introduction – – – – – – – -1
1.2 Aims and Objectives of the Research – – – – -4
1.3 Scope of the Research – – – – – – – -4
1.4 Literature Review – – – – – – – -5
1.5 Research Methodology – – – – – – -9
1.6 Statement of the Problem – – – – – – -10
1.7 Justification of the Study – – – – – – -10
1.8 Organizational Layout – – – – – – – -12
CHAPTER TWO: Boundary Dispute and Conflict among African States
2.1 Introduction – – – – – – – – – -14
2.2 Bakassi Peninsula: A Source of Conflict – – – – -16 2.3 Implication
of ICJ Judgment on Bakassi Peninsula – – -18 2.4 ICJ Judgment and Abuse
of Human Rights – – – – -23
CHAPTER THREE: An Overview of the
International Court of Justice 3.1 Introduction – – – – – – – – -25 3.2
Historical Evolution of the International Court of Justice – -25 3.3
Membership of International Court of Justice – – – -29 3.4 Power and
Jurisdiction of the Court – – – – – -30
3.5 Advisory Opinion of the International Court of Justice- – -34
3.6 International Court of Justice in Perspective – – – -36
CHAPTER
FOUR: Mechanism for Enforcement of ICJ Judgments 4.1 Introduction – – – –
– – – – -39 4.2 Pacific Settlement of Disputes Adjudication – – – -41
4.3 Proceedings of the International Court of Justice – – – -50 4.4
Preliminary Objections – – – – – – – -54
4.5 Incidental Proceedings – – – – – – – -55 4.6 Judgments of the
International Court of Justice- – – -57 4.7 Trends and Issues of
Enforcement – – – – -60
CHAPTER FIVE: Enforcement of International Court of Justice Judgment in the Case of Cameron Vs Nigeria 5.1 Introduction – – – – – – – – -64 5.2 Cameroon Vs Nigeria: Facts of the Case – – – – -66 5.3 Decision of International Court of Justice and its Consequences -76 5.4 Compliance with the Court‟s Decision – – – – -90 5.5 Consequences of Non-Compliance with the Decision of the Court – – – – – – – – -92 5.6 Options of the Decision – – – – – – – -96 5.7 A Critique of the Green Tree Agreement – – – – -99
CHAPTER SIX: Summary and
Conclusion 6.1 Summary – – – – – – – – – -111 6.2 Findings – – – – – – –
– – -120 6.3 Recommendations – – – – – – – -130
Bibliography
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