the Pacific Settlement of International Disputes : case study:maritime boundary dispute between Cameroon and Nigeria over the Bakassi Peninsula
- 주제(키워드) Pacific , settlement , disputes
- 발행기관 아주대학교
- 지도교수 Professor, Jeong Hyoung Wook
- 발행년도 2017
- 학위수여년월 2017. 8
- 학위명 석사
- 학과 국제대학원 NGO학과
- 실제URI http://www.dcollection.net/handler/ajou/000000025414
- 본문언어 영어
- 저작권 아주대학교 논문은 저작권에 의해 보호받습니다.
초록/요약
As per the Latin maxim “Ubi societas ibi jus” meaning where there is a community there is law, which according to this one can add: where there are people there are conflicts .the post-colonial period in most African Countries has been plagued by a series of conflicts, ranging for territorial to cessation wars. These conflicts have often been of very devastating effects both to nature and human kind. Under International law therefore, States have an obligation to settle their disputes by peaceful means unless otherwise stated by them, there is no specific mechanism to be used in the settlement of their disputes. The discovery of oil reserves in the waters surrounding Bakassi Peninsula subjected it to claims and counter-claims for sovereignty, military occupation and recourse to the International Court of Justice. In October 2002, the ICJ passed its judgement in favour of Cameroon, though it encountered several challenges in its implementation. The green tree agreement was signed on the 12th of June 2006 this agreement set the modalities and the implementation of the ICJ ruling. We employed the theory of Neo functionalism as an analytical framework to provide a conceptual foundation for the study. Our method of data collection and analysis are qualitative and qualitative descriptive methods correspondingly. Based on our findings , although the dispute was finally peacefully settled making use of Article 33 paragraph 1 of the United Nations charter, there however exists other means through which sates can put an end to their disputes.
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STUDY 1
1.1 PROBLEM STATEMENT: 3
1.2 PURPOSE AND SIGNIFICANCE OF THIS STUDY 4
1.3 METHODOLOGY 5
CHAPTER 2 11
THE IMPORTANCES AND THE FOUNDATION OF THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES, AMONG STATES 11
2.1. THE IMPORTANCE OF THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES AMONG STATES. 11
2.1.1. Importance of the dispute settlement mechanisms 12
2.1.2. THE EMERGENCE OF INTERNATIONAL LAW CONCERNING THE SETTLEMENT OF INTERNATIONAL DISPUTESR. 13
2.1.3 THE PEACEFUL SETTLEMENT OF DISPUTES AS A COLLECTIVE INTEREST. 15
2.2. THE FOUNDATION OF THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES AMONG STATES. 18
2.2.1 THE UNITED NATIONS CHATER 18
THE PROTOCOL FOR THE PEACEFUL SETTLEMENT OF DISPUTES 19
Chapter 3 22
HOW SUCCESSFUL WAS THE PACIFIC SETTLEMENT OF DISPUTES IN THE CASE BETWEEN NIGERIA VS CAMEROON OVER THE BAKASSI PENINSULAR 22
3.1 THE MEDIATION PROCEDURE WHICH FINALY ENDED THE LONG LASTING DISPUTE 23
3.2 THE ACHIEVEMNETS OF THE MIXED COMMISION IN VIEW OF ARRIVING AT AN AGREEMENT 24
3.3 THE GREEN TREE AGREEMENT 27
4.1 THE IMPLICATIONS AS TO THE CONCEPTUAL FRAMEWORK FOR INTERNATIONAL CONFLICT DYNAMICS AND RESOLUTION 30
4.1.1 NATURE OF INTERNATIONAL CONFLICTS 30
4.1.2 THE DYNAMICS OF INTERNATIONAL CONFLICTS 31
4.1.3 OIL AS A CAUSE OF CONFLICTING SITUATIONS 32
4.2 THE IMPLICATIONS OF THE ICJ DECISION 33
4.3 THE ALTERNATIVE MEANS FOR THE SETTLEMENT OF DISPUTES 34
4.3.1 Resort to regional agencies or arrangements 34
4.3.2 RESORT TO OTHER PEACEFUL MEANS 36
4.3.3 Resort to familiar means 38
4.3.4 Resort to business plan and exchanges 38
5.1 CONCLUSION 41
5.2 RECOMMENDATIONS 42
References 44
