Chapter

Separate Opinion of Judge Higgins Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v Nigeria), Preliminary Objections, Judgment

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262350.003.0087
Separate Opinion of Judge Higgins Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v Nigeria), Preliminary Objections, Judgment

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On March 29, 1994, Cameroon instituted proceedings against Nigeria in respect of a dispute ‘relat[ing] essentially to the question of sovereignty over the Bakassi Peninsula’. Cameroon recalled in its application that the delimitation of its maritime boundary with Nigeria had been partial and the two parties had been unable to complete it. Nigeria stated that there had been no negotiations on any delimitation beyond the point identified as ‘G’ in Cameroon’s proposed maritime frontier line. Nigeria, in its written and oral pleadings on its seventh preliminary objection, focused on the alleged absence of relevant negotiations. It contended that as a matter of general international law and by virtue of Articles 74 and 83 of the United Nations Convention on the Law of the Sea, a state must negotiate its maritime boundary and not impose it unilaterally and that the International Court of Justice thus lacks jurisdiction and/or the claim on maritime delimitation is inadmissible. This chapter gives an opinion on the case.

Keywords: International Court of Justice; Nigeria; Cameroon; Bakassi Peninsula; sovereignty; maritime boundary; delimitation; negotiations; international law; jurisdiction

Chapter.  1982 words. 

Subjects: Public International Law

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