International Court Of Justice And Administration Of Conflict Resolution

International Court Of Justice And Administration Of Conflict Resolution

Chapter One

Preface

It’s now extensively honored that peaceful agreement of disagreement within the frame of the united nations duty requires an intergrated and coordinated approach, combining further than one order of strategies of disagreement agreement. A welcome development, in this regard, is the adding coffers to the transnational court of justice resemblant to the styles of disagreement resolution, there by emphasizing the part of the court in the UN system for matainance of transnational peace and security and peaceful agreement of dispute1?. The ICJ is no longer seen vended as the last resort in the resolution of the disagreement and countries may have coffers to the court in appeal and that similar resource may round the work of the security council and the general assemble as well as bilateral accommodations. Indeed, one of the most common instrument used by the transnational law. Has always considered its abecedarian purpose to be the conservation peace2. Although ethical prepossessions stimulated its development and inform it’s growth, transnational law has historically been regarded by the transnational community primary as a means to insure the establishment and preservation of world peace and security.

principally, the ways of conflict operation fall into two orders Politic procedures and adjudication3 the former involves an attempt to resolves an attempts to resolves differences either by the contending parties themselves or with the aid of other realities by the use of the discussion and the fact finding system. Adjudication procedure involve the determination by disinterested third party of the legal and factual issue involved either by arbitration or by the decision of judicial organs.

therefore one of the cardinal purpose and principle of present transnational relations is to maintain transnational peace and security. also too, take effective collaborative measure for the forestallment and junking of pitfalls to the peace and for the repression of data of aggression or other branch each of the peace.

And to bring about peaceful means, and in conformity with the principles of justice and transnational law, adaptation or agreement of transnational disagreement or situations which might lead to a breach of the peace4 to this effect, the transnational court of justice play a pivotal part.

thus like every other court, the transnational court of justice work with the available data tabled before it. Submitted by state( regions of the world and different legal system, covering a wide range of matters) is a positive reflection of the court’s general governance open to all the confidence and recognition the court enjoys as the organizational top judical organs5 the practical illustration of this was demonstrated in the Bakassi Peninsula disagreement agreement. The court in adjudging the case began by reciting the history of the proceeding and submission of the parties although, agreement of the disagreement was controversial. To add analysis it was politically judged not with standing the fact must presented to her. still the judgment of the court over made use of the data presented to her. still, the of the judgment of the court over the Bakassi Peninsula isn’t to be final, as the security council still has all the right to look into the judgment of the ICJ and draw the final conclusion. As noted by Adabeyo Adeolu.

“ Bakassi belongs to Nigeria and the United Nations security council must look into the matter and return the region Nigeria7 ”

One also would not deny the fact the court’s administration of justice could be politically manipulated, since it’s the world- body’s justice centre, in which the transnational system is politically acquainted. Hence if actors must have their way, they would follow the path of sult.

Although, the Bakassi Peninsula disagreement agreement by the ICJ, may be arbitrated political but the turism of which shall be revealed in the course of this exploration in outlining the conditioning of the ICJ and the agreement of the promontory would unveil some data.

Objects Of The Study

This work explore how transnational court of justice( ICJ) resolves and administer justice in the Bakassi Peninsula, and the determination of legal titles over the Bakassi Peninsula disagreement agreement, given by colorful heirs it examines implicitly, procedures for resolving prolonged( lessee disagreement between nations and how the different sources of transnational contributes to the judgment before the court. controversies are form undetermined conflict- especially when parties involved are unfit to arrive at private agreement on a dyadic base. This work high lights the centre part of transnational customary law in the determinating legal title of home in lessee disagreement between Nigeria and Cameron – indeed, the statement of the problem in the adjudication, the judgment and the control versies of the promontory is as follows.

originally did the ICJ conduct plebiscite among the people of Bakassi Peninsula in Nigeria before the final judgment.

Secondly, what were the barometers used in consenting the area to Cameroon.

Thirdly, why did Nigeria government fail to appeal against the judgment during the five times of transition programme of the Peninsula.

These among other questions are what urged the study of this content which tends to proffer answer to the below questions.

Compass Of The Study

The study covers between 1945 and 2002 the time 1945 was the starting period when the United Nations association was formed, and its agencies, one of which is the transnational court of justice was set up at Hague to adjudicate transnational controversies. The terminal date 2002 was the period Nigeria completed the pullout of their colors from Bakasi region

Exploration Methodology

The Bakassi promontory disagreement agreement remain one the most controversial of transnational boundary disagreement ever treated by the transnational court of justice( ICJ) controversial to the extent that it involved a lot of political, social legal and literal unearthing issues.

thus the work aimed at examining transnational conflict dynamics and resolution in the geopolitics of the Bakassi Peninsula disagreement agreement between Nigeria and Cameroon. The work would be of great important to transnational communities, world preceptors diplomats as well as pupil of law, and history, transnational relations and the general public

It showcases possibility of peaceful agreement of transnational disagreement.

Literature Review

numerous being work on transnational court and administration of justice with particular refrences to the case study of Bakassi Peninsula disagreement agreement give a foundation on which the present study is grounded. therefore, for proper donations, we shall review some literatures applicable include MalcolmN. Shaw’s work named transnational law8, he rated in detail the agreement of controversies by peaceful means, which in reality provides to the work the fundamentals of peaceful agreement in his book DanO. Anumba’s transnational law an introduction9 he bandied critically the enactment of transnational court of justice, which fid this work in its hunt to make the understanding the ICJ easier. Also Gbenga Oduntun the law and practice of transnational court of justice( 1945- 1996). A notice of the contention and Advisory Jurisdiction 10 unvilled to the work the proper understanding of the premonitory governance of the icy in disagreement agreement in his book named preface of transnational law11 ”U.O Umozuluke, enlightened this work further in the modus operandi in peaceful agreement of transnational disagreement. The below literatures bandy considerably a major theme in transnational court and executive of justice.

Not, unexpectedly, these work of the court’s administration of justice encyclopedically, the contentious governance to the court to global justice description of the court’s itself, peaceful agreement etc to this extent, they appear to reflect exactly the conception stated in the title of this work.

still, as fantastic as their work may appear they remain deficient in some aspect as they tend to reflect substantially in transnational system of law and failed to put into consideration the laws and colorful countries as it constitutes the base or foundation to transnational law.

Other literature applicable to this study includes John Akokpari etel the African union and its institutions12 which backed in stropping the knowledge of this work in indigenous responsibility of disagreement agreement. Lawrence ziring etel work named the United Nations transnational association and world politices13 handed to this work the procedures for setting transnational controversies in concordance with Composition 33 paragraph 1 of the United Nations dutyR.T Akinyel’s edited book; Borderland and African integration14, compactly explained issues in African borders indeld, as applicable as they’re in widening the borders of knowledge their work were only confined to description and narratives without critical analysis of the subject matter.

Further more, related literatures include Adebayo Adeolu book named Fraud at the Hague Bakassi15 why the Nigeria bakassi home was corded to Cameroon; it unveiled to this work the politics behind the judgment of ICJ over the Bakassi Pennisula disagreement agreement which formed a perfect knowledge demanded for the notice then inA.I Asiwa Ju edited work peaceful resolution of African boundary conflict, gave a abstract frame of the Bakassi Peninsula boundary disagreement alsoA.I Asiwaju book named partitioned African ethnical relations across African transnational boundaries 1884- 1885 “ compactly outline the artistic affinity that those abiding in the disagreement Bakassi Pennisula RT Akinyole book named contemporary issues in boundaries and governance in Nigeria 17 shouldered a converse of the case, judgment and controversial issue involved in the bakassi promontory question. Indeed, these literatures review give a abstract frame over the Bakassi Peninsula disagreement agreement that backed in getualizing the main conception of this book.

still, some of them made an attempt to partake the balance view point of the case in their analysis from both country’s involvement while some similar as Adebayo Adeolu was novelettish in talking side with Nigeria over the disagreement.

In addition, Nicholas K Terlebbea and Sam Baroni, in the their papers named “ the Cameroon and Nigeria negotiated process of the queried all rich Bakassi Pernnissula18 critically anatomized the literal background of the conflicts and the border skirmishes that passed between Nigeria and Cameroon. Which in turn handed it as a gift to this work in tracing the origin and outlining the lessee clashes between the two countries over the disagreement. Also LEO Otoide arising allowed on the historiography of Nigeria eastern transnational boundary 19 unvilied the cunning nature in which the whites divided the African home and created border conflict after their departure, which is handed to this work in the words of Capitan MV Nugent. In this composition, Babatola, Jadesola ET, Nigeria Cameroon boundary dispute20, the hunt for Bakasi Peninsula, he tried a notice of the question over the Bakassi Peninsula disagreement, which heired conclude the notice in this work.

Indeed, the most significant future in these literatures, is the modus operandi proffered in the peaceful agreement of the Bakassi Peninsula controversies by the ICJ.

Above all the scarcities of these work are fairly participated. In this regard, no particular work attempts a through florilegium review of transnational court and administration of justice a case of Bakassi Peninsula disagreement agreement. It’s thus this egregious gap or loopholes that this exploration work tends to cultivate up. thus, both the below reviewed yet used( including internet accoutrements sources) from the bits and pieces of this re hunt workshop.

References

1. Statement by the deputy representative of Cyprus MR James Droushors at the grand meeting of the general- report of the transnational court of justice HTTP/ WWW Cyprusn. Org/? D = 1225 penetrated 14th July 2013.

2.J.G Merrilis transnational disagreement agreement( 2nd edn cam ground, university press 1991 p116.

3. MS Malcum, transnational law( 4th edn,) Cambridge, university press 1997P. 717.

4. Composition 1( 1) duty of the United Nations http ” www. Un org/ documents/ duty duty 1 SHTM 1 penetrated 15th July 2013.

5. Ibid

6. Land and maritime boundary between Cameroon Nigeria summary of the judgment 10th oct 2002 www. Icy ciy. Org/ program.

7. A Adebeyo Fraud at the Hague, Bakassi Bloomi ngton macrocosm inc 2011 p133.

8.N.S Ma/ colnP.717- 72.

9.D.O Anumba, transnational law an preface, Enugu zik chuks, 2004 p 245- 251.

10. G Oduntun the law and practice of transnational court of justice( 1945- 1996) a gytigue of the contentious and premonitory governance Enugu fourth dimension publishing 1999 P 33- 46.

11.U.O umozurike preface to transnational law, ibadan diapason book, 2005p. 186- 193.

12. Lawrenle ziring( et al), the United nations transnational association and world politics( 4th edn) ba/ mont- USA, Clerk Barter, 2005p.264- 256.

13. RT Akinyele( ed) Borderland and African integration, Abuja, visage of publishingp.1- 11.

14. A Adebayo(p. 112- 133.

15. Ibid

16. AI Asiwaju( edn) partitioned African ethnical relations across African transnational boundaries 1884- 1984 Lagos university press 2005 p184201

17. RT Akinyole( eon) contemporary issue in boundaries and governance in Nigeria Lagos, Franked publishers, 2005 p184- 201.

18. K Nicholas( e tal) the Cameroon and Nigeria concession process over the contestad oil painting Bakassi Peninsula journal of indispensable perpective in the social lores( 2010) vol2 no2 p 198.

19.E.L Obide, arising studies on the historiog. of the Nigeria eastern transnational boundaries Lagos journals of interdisciplinary studies, vol5, 2007 p1- 4.

20.E.T.Y Batoyo Nigeria Cameroon boundary disagreement the hunt for Bakassi Peninsula “ journal of transnational affairs and global strat egg ” vol4, 2012 p81- 82.