2012 11-10-150747 3901

INTRODUCTION TO INTERNATIONAL LAWINTRODUCTION TO INTERNATIONAL LAW
BYBY
PROF. MUHAMMED TAWFIQ LADAN (PhD)PROF. MUHAMMED TAWFIQ LADAN (PhD)
DEPARTMENT OF PUBLIC LAW, FACULTY OF LAWDEPARTMENT OF PUBLIC LAW, FACULTY OF LAW
AHMADU BELLO UNIVERSITY, ZARIA, KADUNA STATE, NIGERIA.AHMADU BELLO UNIVERSITY, ZARIA, KADUNA STATE, NIGERIA.
BEING A PAPER PRESENTED:BEING A PAPER PRESENTED:
TO THE PARTICIPANTS OF THE NATIONAL DEFENCE COLLEGE,TO THE PARTICIPANTS OF THE NATIONAL DEFENCE COLLEGE,
COURSE 18COURSE 18
ORGANIZED BY:ORGANIZED BY:
NATIONAL DEFENCE COLLEGE, ABUJA - NIGERIANATIONAL DEFENCE COLLEGE, ABUJA - NIGERIA
VENUE: -VENUE: - NATIONAL DEFENCE COLLEGE AUDITORIUM, ABUJANATIONAL DEFENCE COLLEGE AUDITORIUM, ABUJA
DATE: -DATE: - 1616thth
FEBRUARY, 2011FEBRUARY, 2011

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INTRODUCTIONINTRODUCTION
International law is divided into two broadInternational law is divided into two broad
types: - Public and Private Internationaltypes: - Public and Private International
Law.Law.
For the purpose of today’s lectureFor the purpose of today’s lecture
gathered from the areas of focus assigned togathered from the areas of focus assigned to
me by the college, our emphasis is going tome by the college, our emphasis is going to
be on public international law. Except for thebe on public international law. Except for the
discussion on the meaning, subjects,discussion on the meaning, subjects,
development, and sources of internationaldevelopment, and sources of international
law; the relationship between internationallaw; the relationship between international
law and municipal law.law and municipal law.

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1.1. MEANING, SUBJECTS ANDMEANING, SUBJECTS AND DEVELOPMENT OFDEVELOPMENT OF
INTERNATIONAL LAWINTERNATIONAL LAW
Traditional definition of International Law: - as aTraditional definition of International Law: - as a
body of rules and principles governing thebody of rules and principles governing the
relations between states.relations between states.
Criticisms levelled against this definition: -Criticisms levelled against this definition: -
denied the quality of law proper for lacking thedenied the quality of law proper for lacking the
following characteristics of municipal law: -following characteristics of municipal law: -
punitive sanctions, enforcement machinery, andpunitive sanctions, enforcement machinery, and
functional legislative body.functional legislative body.

44
MEANING, SUBJECTS ANDMEANING, SUBJECTS AND DEVELOPMENTDEVELOPMENT OFOF
INTERNATIONAL LAW (Cont’d)INTERNATIONAL LAW (Cont’d)
How valid is the criticism today?How valid is the criticism today?
– From the mid-20th Century to date, International law neverFrom the mid-20th Century to date, International law never
lacked sanctioning strategies/methods: - the UN Charter oflacked sanctioning strategies/methods: - the UN Charter of
1945 mandated the UN Security Council through a resolution1945 mandated the UN Security Council through a resolution
and for the maintenance of international peace and security,and for the maintenance of international peace and security,
to impose various forms of sanctions that are necessary andto impose various forms of sanctions that are necessary and
expedient in each and every circumstance: - blockades,expedient in each and every circumstance: - blockades,
diplomatic sanctions, indictments, condemnation/shame etc;diplomatic sanctions, indictments, condemnation/shame etc;
– The 1945 UN Charter also mandated the Security Council toThe 1945 UN Charter also mandated the Security Council to
authorise the use of force in order to maintain peace andauthorise the use of force in order to maintain peace and
security and compliance with rules of international law;security and compliance with rules of international law;
– Various UN Charter and Treaty based bodies are equallyVarious UN Charter and Treaty based bodies are equally
empowered to ensure compliance with various rules andempowered to ensure compliance with various rules and
principles of international law.principles of international law.

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MEANING, SUBJECTS ANDMEANING, SUBJECTS AND DEVELOPMENTDEVELOPMENT OFOF
Beyond the traditional definition and today’s practical reality: -Beyond the traditional definition and today’s practical reality: -
Due to the following reasons largely based on the developmentDue to the following reasons largely based on the development
of international law post 1945, the traditional definition ofof international law post 1945, the traditional definition of
international law cannot hold water: -international law cannot hold water: -
– International law today is also about a body of rules of internationalInternational law today is also about a body of rules of international
human rights and humanitarian laws that aim at protecting the rights ofhuman rights and humanitarian laws that aim at protecting the rights of
individuals and groups in both peace and armed conflict situationsindividuals and groups in both peace and armed conflict situations
against violations by states, non-state actors, and other legal entities.against violations by states, non-state actors, and other legal entities.
Thereby governing the relations between individuals and states.Thereby governing the relations between individuals and states.
– Further, international law today is about a body of rules governing theFurther, international law today is about a body of rules governing the
relations between states and public internationalrelations between states and public international
organisations/institutions on the one h and, and with non-state actorsorganisations/institutions on the one h and, and with non-state actors
(otherwise known as Transnational corporations) for all developmental(otherwise known as Transnational corporations) for all developmental
and security purpose or in so far their rights and obligations/duties areand security purpose or in so far their rights and obligations/duties are
matters of concern to international law.matters of concern to international law.

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MEANING, SUBJECTS ANDMEANING, SUBJECTS AND DEVELOPMENT OFDEVELOPMENT OF
– Furthermore, international law today is about a body ofFurthermore, international law today is about a body of
rules concerning the land, sea and space territorialrules concerning the land, sea and space territorial
rights and obligations of states in their relationship withrights and obligations of states in their relationship with
other states and in the course of exploitation,other states and in the course of exploitation,
exploration and utilization of natural resources, trade orexploration and utilization of natural resources, trade or
business relations as well as the protection andbusiness relations as well as the protection and
management of the environment.management of the environment.
– Finally, it is a body of rules, principles, concepts andFinally, it is a body of rules, principles, concepts and
doctrines that regulate the conduct of warfare and thedoctrines that regulate the conduct of warfare and the
use of force in the internal affairs of sovereign states foruse of force in the internal affairs of sovereign states for
collective security, peace and stability.collective security, peace and stability.

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Hence today there are 5 subjects of international lawHence today there are 5 subjects of international law
conferred with legal personality as opposed to theconferred with legal personality as opposed to the
traditional one being the state only. These are states,traditional one being the state only. These are states,
individuals, public international organizations/institutions,individuals, public international organizations/institutions,
Transnational/Multinational Corporations and specialTransnational/Multinational Corporations and special
entities like Palestine and Vatican City.entities like Palestine and Vatican City.
– 4 reasons why the character of legal personality is needed4 reasons why the character of legal personality is needed
for an entity in international law: -for an entity in international law: -
i.i. for legal competence to act in international law and assert itself infor legal competence to act in international law and assert itself in
international life;international life;
ii.ii. for enjoyment of rights, privileges, benefits and immunities;for enjoyment of rights, privileges, benefits and immunities;
iii.iii. for discharge of corresponding duties/obligations;for discharge of corresponding duties/obligations;
iv.iv. for the purpose of determining liabilities – both civil and criminal.for the purpose of determining liabilities – both civil and criminal.

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Development: -Development: - Certain rules of different branches ofCertain rules of different branches of
international law have existed since time immemorial,international law have existed since time immemorial,
especially with the Indian, Chinese, Roman, Greek andespecially with the Indian, Chinese, Roman, Greek and
Arab/Islamic empires before western Europe. In terms of theArab/Islamic empires before western Europe. In terms of the
development of international law, it is true that contemporarydevelopment of international law, it is true that contemporary
rules of international law were fashioned out by the Europeanrules of international law were fashioned out by the European
nations (or the so-called 1st World) in the 19th and early partnations (or the so-called 1st World) in the 19th and early part
of the 20th Centuries, especially the general principles andof the 20th Centuries, especially the general principles and
the old legal doctrines.the old legal doctrines.
In the course of its development especially in the mid-20thIn the course of its development especially in the mid-20th
Century/post 2nd World War when the newly independentCentury/post 2nd World War when the newly independent
African, Asian and Latin American states started coming onAfrican, Asian and Latin American states started coming on
board of international life, they have no option but to startboard of international life, they have no option but to start
challenging some of the principles and concepts or rules ofchallenging some of the principles and concepts or rules of
international law which never took their political, economic,international law which never took their political, economic,
social and developmental interests into consideration. Thissocial and developmental interests into consideration. This
was simply because they were then colonial territories of thewas simply because they were then colonial territories of the
1st World.1st World.

99
Hence in their contributions, these newly independentHence in their contributions, these newly independent
states fought for the recognition of the concept of equalitystates fought for the recognition of the concept of equality
of states related to the doctrine of sovereignty; reviewedof states related to the doctrine of sovereignty; reviewed
the rules of 3 and 12 nautical miles territorial limits ofthe rules of 3 and 12 nautical miles territorial limits of
states and extended it to 200 nautical miles; ensured thestates and extended it to 200 nautical miles; ensured the
rapid development of the protection of the environment forrapid development of the protection of the environment for
sustainable development; and for the rules of internationalsustainable development; and for the rules of international
law in the resolution of conflict between free trade andlaw in the resolution of conflict between free trade and
environmental protection.environmental protection.

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2.2. SOURCES OF INTERNATIONAL LAWSOURCES OF INTERNATIONAL LAW
Today, there are 8 sources of international law dividedToday, there are 8 sources of international law divided
into traditional and non-traditional sources.into traditional and non-traditional sources.
5 Traditional Sources
Principal (3) Subsidiary (2)
Treaty Customary
Rules of
International
Law
General
Principles
of Law
Judicial
Decisions
Writings of the
most highly
qualified Scholars

1111
SOURCES OF INTERNATIONAL LAW (Cont’d)SOURCES OF INTERNATIONAL LAW (Cont’d)
According to Article 38(1) of the Statute of the ICJAccording to Article 38(1) of the Statute of the ICJ
the five traditional sources recognized underthe five traditional sources recognized under
international law are as follows: -international law are as follows: -
Treaty: -Treaty: - means an international agreementmeans an international agreement
concluded between states or parties – may beconcluded between states or parties – may be
bilateral /multilateral and may be called any of thebilateral /multilateral and may be called any of the
following names/types: - charter, convention,following names/types: - charter, convention,
covenant, Protocol.covenant, Protocol.
– Effect of ratification of a treaty.Effect of ratification of a treaty.
– Effect of domestication of a treaty into national law:Effect of domestication of a treaty into national law:
- See Agbakoba v. director of SSS (1994) 6 NWLR- See Agbakoba v. director of SSS (1994) 6 NWLR
(pt.351) 475; Abacha v. Fawehinmi (2000)6 NWLR(pt.351) 475; Abacha v. Fawehinmi (2000)6 NWLR
(pt. 660) 228.(pt. 660) 228.

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Custom: -Custom: - is evidence of a general practice acceptedis evidence of a general practice accepted
as law. This can be established by the existence ofas law. This can be established by the existence of
bilateral/multilateral relations between states basedbilateral/multilateral relations between states based
on the belief of the existence of a legal obligation (i.e.on the belief of the existence of a legal obligation (i.e.
opinion juris-legal belief or state practice). E.g., the 4opinion juris-legal belief or state practice). E.g., the 4
Geneva Conventions and the Hague Conventions (onGeneva Conventions and the Hague Conventions (on
conduct of war, treatment of prisoners of war etc) andconduct of war, treatment of prisoners of war etc) and
the entire provisions of the Universal Declaration ofthe entire provisions of the Universal Declaration of
Human Rights of 1948.Human Rights of 1948.
General Principles of Law: -General Principles of Law: - Are principles of equityAre principles of equity
and rules emanating from justice and considerationsand rules emanating from justice and considerations
of public policy.of public policy.

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– Examples of General Principles of LawExamples of General Principles of Law
a)a) The principle of good faith (Pacta Sunt Servanda).The principle of good faith (Pacta Sunt Servanda).
This is found expressed in Article 26 of the 1969This is found expressed in Article 26 of the 1969
Vienna Convention on the Law of Treaties (whichVienna Convention on the Law of Treaties (which
came into force on 27 January 1980) and is to thecame into force on 27 January 1980) and is to the
effect that every treaty in force is binding upon theeffect that every treaty in force is binding upon the
parts to it and must be performed by them in goodparts to it and must be performed by them in good
faith. As such a party may not unilaterally free itselffaith. As such a party may not unilaterally free itself
from the engagements of a treaty, or modify thefrom the engagements of a treaty, or modify the
stipulations thereof, except by the consent of thestipulations thereof, except by the consent of the
contracting parties, through a friendly understanding.contracting parties, through a friendly understanding.

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b)b) The principle of abuse of rights: - is to the effect that states mustThe principle of abuse of rights: - is to the effect that states must
exercise their rights in a manner compatible with their variousexercise their rights in a manner compatible with their various
obligations arising either from treaties or from the general law. Thisobligations arising either from treaties or from the general law. This
principle can be illustrated in the Corfu channel case (ICJ Report,principle can be illustrated in the Corfu channel case (ICJ Report,
1949, p. 22) where the ICJ concluded that: “No state may utilize its1949, p. 22) where the ICJ concluded that: “No state may utilize its
territory contrary to the rights of other states. The principle has beenterritory contrary to the rights of other states. The principle has been
further restated in principle 21 of the UN Conference Declaration onfurther restated in principle 21 of the UN Conference Declaration on
the Human Environment, Stockholm, (Sweden) 1972, and inthe Human Environment, Stockholm, (Sweden) 1972, and in
principle 2 of the Rio Declaration on Environment and Development,principle 2 of the Rio Declaration on Environment and Development,
Rio de Janeiro, (Brazil) 1992. The latter states: - “states, have, inRio de Janeiro, (Brazil) 1992. The latter states: - “states, have, in
accordance with the UNC and the principles of international law, theaccordance with the UNC and the principles of international law, the
sovereign right to exploit their own resources pursuant to their ownsovereign right to exploit their own resources pursuant to their own
environmental and developmental policies and the responsibilities toenvironmental and developmental policies and the responsibilities to
ensure that activities within their jurisdiction or control do not causeensure that activities within their jurisdiction or control do not cause
damage to the environment of other states or of areas beyond thedamage to the environment of other states or of areas beyond the
limits of national jurisdiction.limits of national jurisdiction.

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Judicial Decisions: -Judicial Decisions: - of international courts andof international courts and
tribunals such as the ICJ, ICC, ICTY, ICTR, UN Specialtribunals such as the ICJ, ICC, ICTY, ICTR, UN Special
Court for Sierra-Leone, European Court of Justice,Court for Sierra-Leone, European Court of Justice,
European Court of Human Rights, African Court ofEuropean Court of Human Rights, African Court of
Human Rights, Inter-American Court of Human Rights.Human Rights, Inter-American Court of Human Rights.
– Examples of Judicial DecisionsExamples of Judicial Decisions
The Trial smelter case 11 March 1941 ArbitralThe Trial smelter case 11 March 1941 Arbitral
judgement is considered as having laid the foundationsjudgement is considered as having laid the foundations
for international environmental law, at least regardingfor international environmental law, at least regarding
trans-border pollution. In its conclusion, the Arbitraltrans-border pollution. In its conclusion, the Arbitral
Tribunal stated that: - “No state has the right to use orTribunal stated that: - “No state has the right to use or
permit the use of its territory in such manner as to causepermit the use of its territory in such manner as to cause
injury by fumes in or to the territory of another…”injury by fumes in or to the territory of another…”

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Writings of Scholars/Jurists/Commentators: -Writings of Scholars/Jurists/Commentators: - of longof long
standing research and experience rooted in their fields ofstanding research and experience rooted in their fields of
specialization are relied upon for trustworthy evidence ofspecialization are relied upon for trustworthy evidence of
what the law really is and not what it ought to be.what the law really is and not what it ought to be.
Non Traditional Sources
Pre-emptory Norms
Resolutions of International
Organizations
Non-Binding Standards
(Soft Law)

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The three non-traditional sources of international lawThe three non-traditional sources of international law
are: -are: -
Pre-emptory Norms: - are final/absolute/mandatoryPre-emptory Norms: - are final/absolute/mandatory
norms recognized and accepted by the internationalnorms recognized and accepted by the international
community as a whole from which no derogation iscommunity as a whole from which no derogation is
allowed by any treaty or municipal law, else void.allowed by any treaty or municipal law, else void.
– Also known as Rules of Jus Cogens.Also known as Rules of Jus Cogens.
– E.g., the absolute prohibition of torture and slavery or theE.g., the absolute prohibition of torture and slavery or the
general norm prohibiting the use of force in the internal affairs ofgeneral norm prohibiting the use of force in the internal affairs of
a sovereign state or the promotion and protection of the right toa sovereign state or the promotion and protection of the right to
life.life.
Resolutions of public international Organisations/Resolutions of public international Organisations/
Institutions: - UN, AU, EU, ECOWAS etc resolutions onInstitutions: - UN, AU, EU, ECOWAS etc resolutions on
given subject matters constitute a source of internationalgiven subject matters constitute a source of international
law with respect to the matters in question.law with respect to the matters in question.

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Non-binding standards (Soft law): - Are those rules ofNon-binding standards (Soft law): - Are those rules of
conduct, statements, principles, policies not intended to beconduct, statements, principles, policies not intended to be
legally binding but are expressions of intent by thelegally binding but are expressions of intent by the
international or regional community in a given topical/criticalinternational or regional community in a given topical/critical
issue of interest to all.issue of interest to all.
– Examples of Non-Binding StandardsExamples of Non-Binding Standards
The 1972 Stockholm Declaration on the Human EnvironmentThe 1972 Stockholm Declaration on the Human Environment
resulted from the UN Conference on the Environment designed toresulted from the UN Conference on the Environment designed to
deal with questions surrounding the management and protectiondeal with questions surrounding the management and protection
of the environment and its relationship with humans. 130 statesof the environment and its relationship with humans. 130 states
participated at the conference where the recommendation forparticipated at the conference where the recommendation for
institutional arrangement resulted in the UN General Assembly’sinstitutional arrangement resulted in the UN General Assembly’s
establishment of UNEP.establishment of UNEP.

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The Rio Declaration on Environment andThe Rio Declaration on Environment and
Development was adopted in 1992 by the UNDevelopment was adopted in 1992 by the UN
Conference on Environment and DevelopmentConference on Environment and Development
(UNCED). It contains 27 principles to guide activities(UNCED). It contains 27 principles to guide activities
in relation to the environment of nations andin relation to the environment of nations and
individuals. It builds on the Stockholm Declaration ofindividuals. It builds on the Stockholm Declaration of
1972, and it introduces the mandate of sustainable1972, and it introduces the mandate of sustainable
development as the basis for global, national anddevelopment as the basis for global, national and
local action.local action.

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3.3. RELATIONSHIP BETWEEN INTERNATIONALRELATIONSHIP BETWEEN INTERNATIONAL
LAW AND MUNICIPAL LAWLAW AND MUNICIPAL LAW
This relationship is of practical and theoreticalThis relationship is of practical and theoretical
significance in international law and can be appreciatedsignificance in international law and can be appreciated
from 3 perspectives: - Dualism, Monism and Nihilism.from 3 perspectives: - Dualism, Monism and Nihilism.
Dualist doctrine:Dualist doctrine: States belonging to the dualist schoolStates belonging to the dualist school
of thought hold the view that international and municipalof thought hold the view that international and municipal
laws are 2 different laws in character and scope. Hencelaws are 2 different laws in character and scope. Hence
international law rules and principles cannot apply directlyinternational law rules and principles cannot apply directly
in the municipal courts of a dualist state without firstin the municipal courts of a dualist state without first
undergoing the process of specific adoption by orundergoing the process of specific adoption by or
incorporation into national law.incorporation into national law.
– All common law countries are dualist states.All common law countries are dualist states.
– Section 12 of the Nigerian Constitution requires some kind ofSection 12 of the Nigerian Constitution requires some kind of
domestication/transformation process of a treaty before it can bedomestication/transformation process of a treaty before it can be
enforced in Nigeria.enforced in Nigeria.

2121
RELATIONSHIP BETWEEN INTERNATIONALRELATIONSHIP BETWEEN INTERNATIONAL
LAW AND MUNICIPAL LAW (Cont’d)LAW AND MUNICIPAL LAW (Cont’d)
Monism: -Monism: - Protagonists of this doctrine assert theProtagonists of this doctrine assert the
superiority of international law over municipal law evensuperiority of international law over municipal law even
within the sphere of national law itself. Hence uponwithin the sphere of national law itself. Hence upon
ratification of a treaty, it becomes operative andratification of a treaty, it becomes operative and
enforceable nationally.enforceable nationally.
– Largely embraced by civil law jurisdictionsLargely embraced by civil law jurisdictions
– E.g., all French-speaking States.E.g., all French-speaking States.
Nihilism: -Nihilism: - Protagonists of this doctrine assert theProtagonists of this doctrine assert the
absolute supremacy of municipal law over internationalabsolute supremacy of municipal law over international
law in the event of any conflict on a given subject matter.law in the event of any conflict on a given subject matter.
– The USA is a typical example.The USA is a typical example.

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4.4. CONCEPT OF SOVEREIGNTY INCONCEPT OF SOVEREIGNTY IN
Sovereignty as a concept in international law isSovereignty as a concept in international law is
constitutive of the following: -constitutive of the following: -
– an expression of statehood: - having possessed all thean expression of statehood: - having possessed all the
characteristics and being so recognized as ancharacteristics and being so recognized as an
independent state by others;independent state by others;
– an indication of preservation of national identity and hardan indication of preservation of national identity and hard
won independence;won independence;
– an expression of self-determination covering 2 aspects: -an expression of self-determination covering 2 aspects: -
internal and external;internal and external;
– internal self-determination is about the right of people tointernal self-determination is about the right of people to
choose their socio-political and economic systems andchoose their socio-political and economic systems and
the extent of their political participation in government;the extent of their political participation in government;
– it is largely against colonialism, neo-colonialism,it is largely against colonialism, neo-colonialism,
apartheid and for sovereignty over their territory,apartheid and for sovereignty over their territory,
linguistic, socio-cultural, ethnic and religious interests;linguistic, socio-cultural, ethnic and religious interests;

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CONCEPT OF SOVEREIGNTY IN INTERNATIONALCONCEPT OF SOVEREIGNTY IN INTERNATIONAL
LAW (Cont’d)LAW (Cont’d)
– External self-determination is about a right against foreign economicExternal self-determination is about a right against foreign economic
exploitation of natural resources: - it is a right to exploit, dispose of, utilize orexploitation of natural resources: - it is a right to exploit, dispose of, utilize or
deal with natural resources in any way the state feels necessary for thedeal with natural resources in any way the state feels necessary for the
common good of all.common good of all.
– The above are expressly covered by the 1960 UN Declaration on theThe above are expressly covered by the 1960 UN Declaration on the
granting of independence to colonized countries; Article 55 UN Charter,granting of independence to colonized countries; Article 55 UN Charter,
1945 emphasises the importance of economic self-determination to remove1945 emphasises the importance of economic self-determination to remove
oppression, injustice, inequity and to promote peace, stability andoppression, injustice, inequity and to promote peace, stability and
development; Article 1 of the same charter seeks to promote friendlydevelopment; Article 1 of the same charter seeks to promote friendly
relations and socio-economic and cultural development of nations; Article 1relations and socio-economic and cultural development of nations; Article 1
of both the ICCPR and ICESCR of 1966 re-echoed the right to self-of both the ICCPR and ICESCR of 1966 re-echoed the right to self-
determination as a fundamental right of a people; Articles 2, 21-24 of thedetermination as a fundamental right of a people; Articles 2, 21-24 of the
African Charter on Human and Peoples’ Rights provide for norms toAfrican Charter on Human and Peoples’ Rights provide for norms to
eradicate all forms of colonialism and the promotion of internal and externaleradicate all forms of colonialism and the promotion of internal and external
self-determination as a developmental right of African peoples.self-determination as a developmental right of African peoples.
– About assumption of state responsibility in international life because liabilityAbout assumption of state responsibility in international life because liability
exists for failure to observe/discharge obligations imposed by rules ofexists for failure to observe/discharge obligations imposed by rules of
international law (especially treaty obligations).international law (especially treaty obligations).
– Is about non-intervention in the internal affairs of sovereign states asIs about non-intervention in the internal affairs of sovereign states as
generally prohibited by international law except in self-defence and on thegenerally prohibited by international law except in self-defence and on the
authorization of the UN Security council for the maintenance of internationalauthorization of the UN Security council for the maintenance of international
peace and security.peace and security.

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However, in international law and practice today, theHowever, in international law and practice today, the
claim of sovereignty is not absolute due to the followingclaim of sovereignty is not absolute due to the following
acknowledged exceptions to the general rule prohibitingacknowledged exceptions to the general rule prohibiting
non-intervention in internal affairs of sovereign states;non-intervention in internal affairs of sovereign states;
– For collective security: - doctrine that emerged in the late 1980sFor collective security: - doctrine that emerged in the late 1980s
after the end of the cold war and when the perception of securityafter the end of the cold war and when the perception of security
changed from military and political issues to socio-economic,changed from military and political issues to socio-economic,
developmental, environmental, human rights and humanitariandevelopmental, environmental, human rights and humanitarian
issues as well as gender;issues as well as gender;
– Hence intervention by the use of force is allowed for collectiveHence intervention by the use of force is allowed for collective
security in a sovereign state on the following grounds: -security in a sovereign state on the following grounds: -
Where a regional or ethnic or political conflict or conflict over scarceWhere a regional or ethnic or political conflict or conflict over scarce
resources are deemed potentially destabilizing on a sub-regional,resources are deemed potentially destabilizing on a sub-regional,
regional or global scale;regional or global scale;

2525
Where the conflict is capable of endangering the lives of civiliansWhere the conflict is capable of endangering the lives of civilians
and non-combatant population;and non-combatant population;
Where the conflict results in massive displacement of civilianWhere the conflict results in massive displacement of civilian
population either as IDPs or refugees;population either as IDPs or refugees;
Where the conflict results in gross or massive human rightsWhere the conflict results in gross or massive human rights
violations constituting genocide or crimes against humanity; or inviolations constituting genocide or crimes against humanity; or in
order to protect human rights;order to protect human rights;
Where a country’s government is universally recognized to haveWhere a country’s government is universally recognized to have
collapsed leading to lawlessness and possible loss or injury tocollapsed leading to lawlessness and possible loss or injury to
human lives and property;human lives and property;
– Intervention is also allowed on humanitarian grounds in orderIntervention is also allowed on humanitarian grounds in order
to assist the victims of humanitarian crises;to assist the victims of humanitarian crises;
– In order to enforce a treaty/ in defence of democracy/ in theIn order to enforce a treaty/ in defence of democracy/ in the
fight against terrorism;fight against terrorism;
– The Liberian, Sierra-Leonean, Rwandan, Bosnian, KosovanThe Liberian, Sierra-Leonean, Rwandan, Bosnian, Kosovan
conflicts and those of the Sudan-Darfur, Somalia, and Congoconflicts and those of the Sudan-Darfur, Somalia, and Congo
etc are typical examples of the above justification.etc are typical examples of the above justification.

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5.5. BRANCHES OR FIELDS OF PUBLICBRANCHES OR FIELDS OF PUBLIC
Branches or Fields of Public International Law
International Human
Rights Law (IHRL)
International
Humanitarian Law (IHL)
(Law of Armed Conflict)
International
Criminal Law
International
Environmental Law
International
Economic/Monetary Law
International
Maritime Law
International Law of the Sea International Trade Law International Labour
Law
International Law relating to
Space
International Refugee Law
International Law relating to
disarmament
International Law of Public
International Organizations/
Institutions

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BRANCHES OR FIELDS OF PUBLICBRANCHES OR FIELDS OF PUBLIC
The scope of this lecture is restricted to theThe scope of this lecture is restricted to the
following branches of public International Law.following branches of public International Law.
1.1. International Human Rights Law (IHRL)International Human Rights Law (IHRL)
Meaning and Scope: -Meaning and Scope: - IHRL is that branch of publicIHRL is that branch of public
international law that aims at protecting theinternational law that aims at protecting the
internationally guaranteed rights of individuals andinternationally guaranteed rights of individuals and
groups against violations by state etc.groups against violations by state etc.

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Scope of Internationally Guaranteed Human Rights
1st
Generation 2nd
Generation 3rd
Generation
Civil & Political Rights Economic, Social &
Cultural Rights
Rights of Vulnerable
Group
Environmental,
Developmental Rights
Refugees &
IDPs
Women Persons Living
with HIV-AIDS
Children Minorities Disabled
Persons
Ethnic, Linguistic, Cultural, Political,
Religious, Racial, Sexual

2929
Development and Impact: -Development and Impact: - The post 1945 phenomenon ledThe post 1945 phenomenon led
to the emergence of this branch of international law resultingto the emergence of this branch of international law resulting
into the coming into force of the UN Charter of 1945, theinto the coming into force of the UN Charter of 1945, the
Universal Declaration of Human Rights of December 10, 1948,Universal Declaration of Human Rights of December 10, 1948,
the 1966 International Covenants on Civil and Political Rightsthe 1966 International Covenants on Civil and Political Rights
and on Economic, Social and Cultural Rights among others, theand on Economic, Social and Cultural Rights among others, the
regional human rights instruments in Africa, Europe andregional human rights instruments in Africa, Europe and
America: - i.e. the African Charter on Human and Peoples’America: - i.e. the African Charter on Human and Peoples’
Rights, the European Convention of Human Rights, the Inter-Rights, the European Convention of Human Rights, the Inter-
American Convention on Human Rights etc.American Convention on Human Rights etc.
IHRL is said to have impacted on the concept of legalIHRL is said to have impacted on the concept of legal
personality in international law which pre-2nd World Warpersonality in international law which pre-2nd World War
excluded individual human beings. This was done by explicitlyexcluded individual human beings. This was done by explicitly
recognizing individual human beings as legal persons deservingrecognizing individual human beings as legal persons deserving
protection of their human rights against the state. Also IHRLprotection of their human rights against the state. Also IHRL
rejected the claim of states under the concept of sovereignty ofrejected the claim of states under the concept of sovereignty of
exclusive domestic jurisdiction in human rights violationsexclusive domestic jurisdiction in human rights violations

3030
Enforcement and Monitoring Mechanisms: -Enforcement and Monitoring Mechanisms: - There are 3 perspectives toThere are 3 perspectives to
this effect.this effect.
Enforcement/Monitoring Mechanisms of Human Rights
UN Treaty Monitoring Bodies Regional Human
Rights Bodies
UN Charter-based
Bodies
ICCPR = Committee on CCPR
ICESCR = Committee on CESCR
ICEDR = Committee on CERD
UN CEDAW = Committee on CEDAW
UN CRC = Committee on CRC
UN CAT = Committee on CAT
Economic and Social Council (ECOSOC)
UN Human Rights Council
UN High Commissioner for Human Rights
Africa Europe America
African Commission on
Human & Peoples’
Rights
Africa Court of
Human Rights
European Court of
Human Rights
Inter-American
Commission on Human
Rights
Inter-American Court of
Human Rights

3131
Domestic Implementation of International/Regional Human Rights Instruments
Ratification of
Human Rights
Treaties
Enforcement in a Court of
Law (case law: - Abacha v.
Fawenhimi and Agbakoba v.
DSSS)
Monitoring Compliance by
National Human Rights
Commissions and Public
Complaints Commission,
Consumer Protection Councils
etc
Incorporation into
National Law

3232
2.2. International Humanitarian Law (IHL)/ Law of ArmedInternational Humanitarian Law (IHL)/ Law of Armed
ConflictConflict
IHL is a branch of public international law that aims atIHL is a branch of public international law that aims at
regulating the conduct of warfare by: -regulating the conduct of warfare by: -
– Providing a code of conduct and behaviour for armed forces of aProviding a code of conduct and behaviour for armed forces of a
state or party to a conflict;state or party to a conflict;
– Prohibiting certain means of warfare: -Prohibiting certain means of warfare: -
Means of combat must be chosen to avoid civilian casualties andMeans of combat must be chosen to avoid civilian casualties and
damage by distinguishing between combatants and civilian objects;damage by distinguishing between combatants and civilian objects;
Use of weapons to cause widespread, long term and severe damage toUse of weapons to cause widespread, long term and severe damage to
the natural environment etc;the natural environment etc;
Use of specific weapons that are poisonous, of mass destructionUse of specific weapons that are poisonous, of mass destruction
(WMD), land mines etc.(WMD), land mines etc.

3333
– Prohibiting certain methods of warfare: -Prohibiting certain methods of warfare: -
Starvation of civilian population by attacking/destroyingStarvation of civilian population by attacking/destroying
any object that is indispensable for their survival;any object that is indispensable for their survival;
Rape of women and girls of the enemy state;Rape of women and girls of the enemy state;
Threats of violence to civilian population;Threats of violence to civilian population;
To order that there will be no survivors.To order that there will be no survivors.
Improper user of signs, and emblems of the RedImproper user of signs, and emblems of the Red
Cross/crescent;Cross/crescent;
–– Prohibiting 2 things in the organisation ofProhibiting 2 things in the organisation of
armed forces: -armed forces: -
Recruitment of under 15 years;Recruitment of under 15 years;
Compelling enemy nationals to fight against their ownCompelling enemy nationals to fight against their own
state.state.

3434
– Providing for the protection of human rights of individuals and groupsProviding for the protection of human rights of individuals and groups
that are civil in nature and relevant to human life and dignity in armedthat are civil in nature and relevant to human life and dignity in armed
conflict situation: -conflict situation: -
i.i. By the 4 Geneva Conventions, the 1977 Additional Protocols andBy the 4 Geneva Conventions, the 1977 Additional Protocols and
the Hague Convention prohibiting the killing or violence to the lifethe Hague Convention prohibiting the killing or violence to the life
of all protected persons such as prisoners of war, the wounded,of all protected persons such as prisoners of war, the wounded,
sick, shipwrecked, civilian persons, surrendered or disarmed orsick, shipwrecked, civilian persons, surrendered or disarmed or
defenceless enemy soldier;defenceless enemy soldier;
ii.ii. By prohibiting indiscriminate attacks, torture, inhuman andBy prohibiting indiscriminate attacks, torture, inhuman and
degrading treatment or punishment of all protected persons indegrading treatment or punishment of all protected persons in
their lawful custody; etc.their lawful custody; etc.
– Providing measures for the prevention and control of armed conflictProviding measures for the prevention and control of armed conflict
as well as post-conflict measures (such as search for the wounded,as well as post-conflict measures (such as search for the wounded,
sick, dead; repatriation of prisoners of war to neutralized zones;sick, dead; repatriation of prisoners of war to neutralized zones;
disciplinary measures/penal sanctions for breaches of IHL).disciplinary measures/penal sanctions for breaches of IHL).

3535
– Hence IHL is of 3 types and purposes: -Hence IHL is of 3 types and purposes: -
The Geneva type law ( the 4 Geneva Conventions) isThe Geneva type law ( the 4 Geneva Conventions) is
purely humanitarian in nature and protective of warpurely humanitarian in nature and protective of war
victims in purpose;victims in purpose;
The Hague type law (Hague Conventions) is basicallyThe Hague type law (Hague Conventions) is basically
about legal regulation of conduct of hostilities;about legal regulation of conduct of hostilities;
The mixed type law (Additional Protocols to the G.C.,The mixed type law (Additional Protocols to the G.C.,
1977) deals with both the protection of victims of war and1977) deals with both the protection of victims of war and
operational code of conduct.operational code of conduct.
– Finally, the message of IHL is very clear that even inFinally, the message of IHL is very clear that even in
armed conflict situations there must be respect forarmed conflict situations there must be respect for
legal restraints and the need to balance the militarylegal restraints and the need to balance the military
necessity to attack with the protection of non-necessity to attack with the protection of non-
combatants/victims of war.combatants/victims of war.

3636
3.3. INTERNATIONAL CRIMINAL LAWINTERNATIONAL CRIMINAL LAW
(ICL)(ICL)
ICL is that branch of Public International Law that deals withICL is that branch of Public International Law that deals with
the administration of international criminal justice by providing forthe administration of international criminal justice by providing for
penal consequences for committing international crimes andpenal consequences for committing international crimes and
guaranteeing procedural safeguards to all accused persons.guaranteeing procedural safeguards to all accused persons.
In addition to a body of existing treaties and case lawIn addition to a body of existing treaties and case law
developed by the Nuremberg and Tokyo Tribunals, the Internationaldeveloped by the Nuremberg and Tokyo Tribunals, the International
Criminal Tribunals for the former Yugoslavia and Rwanda, and theCriminal Tribunals for the former Yugoslavia and Rwanda, and the
UN special Court for Sierra-Leone, the international communityUN special Court for Sierra-Leone, the international community
reached an historic milestone on 17 July 1998, when 120 statesreached an historic milestone on 17 July 1998, when 120 states
adopted the Rome Statute as the legal basis for establishing theadopted the Rome Statute as the legal basis for establishing the
permanent International Criminal Court. The Rome Statute enteredpermanent International Criminal Court. The Rome Statute entered
into force on 1st July 2002. ICC’s seat is at The Hague in theinto force on 1st July 2002. ICC’s seat is at The Hague in the
Netherlands.Netherlands.
Why the International Criminal Court (ICC)?Why the International Criminal Court (ICC)?
– The international community has long needed a treaty-based,The international community has long needed a treaty-based,
representative, permanent, and independent court, not part of the UNrepresentative, permanent, and independent court, not part of the UN
system;system;

3737
INTERNATIONAL CRIMINAL LAW (ICL)INTERNATIONAL CRIMINAL LAW (ICL)
(Cont’d)(Cont’d)
– In order to achieve the following: -In order to achieve the following: -
I.I. To administer international criminal law and justice;To administer international criminal law and justice;
II.II. To end the culture of impunity by perpetrators of serious internationalTo end the culture of impunity by perpetrators of serious international
crimes;crimes;
III.III. To effectively protect human rights and efficiently uphold the rule of law.To effectively protect human rights and efficiently uphold the rule of law.
ICC’s Jurisdiction under Rome Statute: -ICC’s Jurisdiction under Rome Statute: -
I.I. Over serious international crimes clearly defined in the RomeOver serious international crimes clearly defined in the Rome
Statute and other relevant instruments namely, genocide, crimesStatute and other relevant instruments namely, genocide, crimes
against humanity and war crimes.against humanity and war crimes.
II.II. Over persons (not states or governments) where such crimesOver persons (not states or governments) where such crimes
were committed on a State Party’s territory or by one of itswere committed on a State Party’s territory or by one of its
nationals;nationals;
III.III. The 2 conditions under item ii above do not apply if a situation isThe 2 conditions under item ii above do not apply if a situation is
referred to the prosecutor by the UN Security Council, whosereferred to the prosecutor by the UN Security Council, whose
resolutions are binding on all UN Member States, and if a stateresolutions are binding on all UN Member States, and if a state
makes a declaration accepting the jurisdiction of the ICC.makes a declaration accepting the jurisdiction of the ICC.
IV.IV. ICC will also have jurisdiction over the crime of aggression once aICC will also have jurisdiction over the crime of aggression once a
consensus definition is arrived at by the Assembly of Statesconsensus definition is arrived at by the Assembly of States
Parties.Parties.

3838
Fundamental Principles of the Rome Statute: -Fundamental Principles of the Rome Statute: -
– Complementarity principle: - The Court is intended to complement, not toComplementarity principle: - The Court is intended to complement, not to
replace, national criminal justice system. It can prosecute cases only ifreplace, national criminal justice system. It can prosecute cases only if
national criminal justice systems do not carry out proceedings or when theynational criminal justice systems do not carry out proceedings or when they
claim to do so but in reality are unwilling or unable to carry out suchclaim to do so but in reality are unwilling or unable to carry out such
proceedings genuinely.proceedings genuinely.
– Cooperation Principle: - States Parties (now 105) are obliged to cooperateCooperation Principle: - States Parties (now 105) are obliged to cooperate
with the ICC in the investigation and prosecution of crimes, including thewith the ICC in the investigation and prosecution of crimes, including the
arrest and surrender of suspects.arrest and surrender of suspects.
– No immunity from arrest, investigation, prosecution, criminal responsibility toNo immunity from arrest, investigation, prosecution, criminal responsibility to
any Head of State, or government official or any public officer acting in anany Head of State, or government official or any public officer acting in an
official capacity.official capacity.
NB: -NB: - Cases of Pinochet and Charles Taylor, Ethiopian Court convictedCases of Pinochet and Charles Taylor, Ethiopian Court convicted
ex-dictator Mengistu H.M of genocide and faces death sentence while inex-dictator Mengistu H.M of genocide and faces death sentence while in
exile in Zimbabwe; Senegalese Court charged ex-dictator/warlord, Hisneexile in Zimbabwe; Senegalese Court charged ex-dictator/warlord, Hisne
Habre of Chad in exile of war crimes; ex-Rwandan Prime Minister foundHabre of Chad in exile of war crimes; ex-Rwandan Prime Minister found
guilty of genocide and crimes against humanity etc; More recently,guilty of genocide and crimes against humanity etc; More recently,
President Paul Kagame of Rwanda being investigated for war crimes.President Paul Kagame of Rwanda being investigated for war crimes.

3939
– Similarly, Superiors or military commanders may be held responsibleSimilarly, Superiors or military commanders may be held responsible
for criminal offences committed by persons under their effectivefor criminal offences committed by persons under their effective
command and control or effective authority/control. However, undercommand and control or effective authority/control. However, under
18 cannot be prosecuted by the ICCV at the time a crime was18 cannot be prosecuted by the ICCV at the time a crime was
allegedly committed.allegedly committed.
– States Parties are obligated to promote these fundamental principlesStates Parties are obligated to promote these fundamental principles
by providing for implementing national legislations/domesticating theby providing for implementing national legislations/domesticating the
Rome Statute/reviewing existing nationals laws to be in conformityRome Statute/reviewing existing nationals laws to be in conformity
with the Rome Statute.with the Rome Statute.
Rights of victims and accused: -Rights of victims and accused: -
– For the first time in the history of international criminal justice,For the first time in the history of international criminal justice,
victims, may not only testify as witnesses but have the right tovictims, may not only testify as witnesses but have the right to
participate in proceedings and request reparations. They are entitledparticipate in proceedings and request reparations. They are entitled
to legal representation and legal aid.to legal representation and legal aid.
– The Court may order restitution, rehabilitation and compensation asThe Court may order restitution, rehabilitation and compensation as
reparation for victims.reparation for victims.
– Protecting the rights of the accused is essential to ensure a fair trialProtecting the rights of the accused is essential to ensure a fair trial
and effective justice. This includes legal and financial aid.and effective justice. This includes legal and financial aid.

4040
Trigger Mechanism/Activation of ICC’s Jurisdiction: -Trigger Mechanism/Activation of ICC’s Jurisdiction: -
– The Prosecutor can initiate an investigation or prosecution inThe Prosecutor can initiate an investigation or prosecution in
three different ways: -three different ways: -
– States Parties to the Rome Statute can refer situations to the ICC;States Parties to the Rome Statute can refer situations to the ICC;
– The UN Security Council can request the prosecutor to conductThe UN Security Council can request the prosecutor to conduct
an investigation;an investigation;
– The prosecutor may initiate investigations on the basis ofThe prosecutor may initiate investigations on the basis of
information received from a reliable public source subject to priorinformation received from a reliable public source subject to prior
authorization from the ICC Pre-Trial Chamber of 3 independentauthorization from the ICC Pre-Trial Chamber of 3 independent
judges.judges.
– Situations referred and cases before the ICC: -Situations referred and cases before the ICC: -
I.I. Three States Parties have referred situations to the prosecutor: -Three States Parties have referred situations to the prosecutor: -
Situation in the DR Congo (the case of the prosecutor v. ThomasSituation in the DR Congo (the case of the prosecutor v. Thomas
Lubanga Dyilo); situation in Uganda (the case of Prosecutor v. JosephLubanga Dyilo); situation in Uganda (the case of Prosecutor v. Joseph
Konny and others); situation in Central African Republic;Konny and others); situation in Central African Republic;
II.II. The UN Security Council referred the situation in Dafur, Sudan (theThe UN Security Council referred the situation in Dafur, Sudan (the
case of Prosecutor v. Ahmad Harun and Ali Kushayb).case of Prosecutor v. Ahmad Harun and Ali Kushayb).
III.III. The ICC is only hosting the trial of Charles Taylor v. Prosecutor underThe ICC is only hosting the trial of Charles Taylor v. Prosecutor under
the exclusive jurisdiction of the UN Special Court for Sierra-Leone.the exclusive jurisdiction of the UN Special Court for Sierra-Leone.

4141
International Crimes Under the ICC’s Jurisdiction: -International Crimes Under the ICC’s Jurisdiction: -
– Crimes against humanity: - attack against civilians in peace orCrimes against humanity: - attack against civilians in peace or
war time need not be committed against a particular groupwar time need not be committed against a particular group
sharing certain characteristics such as nationality, ethnicity,sharing certain characteristics such as nationality, ethnicity,
religion etc.religion etc.
– Genocide: - Systematic act/attack aimed at destroying aGenocide: - Systematic act/attack aimed at destroying a
national, ethnic, racial or religious group, by killing them.national, ethnic, racial or religious group, by killing them.
– Torture covers acts that are purposeless or merely sadisticTorture covers acts that are purposeless or merely sadistic
committed by persons with or without connection to the state.committed by persons with or without connection to the state.
– War Crimes: - are 26 enumerated acts against protectedWar Crimes: - are 26 enumerated acts against protected
persons and property constituting grave violations of the 4persons and property constituting grave violations of the 4
Geneva Conventions.Geneva Conventions.
– Etc. Etc. Etc. Etc.Etc. Etc. Etc. Etc.

4242
4.4. LAW OF THE SEA (LOS)/NIGERIA’SLAW OF THE SEA (LOS)/NIGERIA’S
OCEAN POLICYOCEAN POLICY
Law of the Sea is that branch of public international lawLaw of the Sea is that branch of public international law
that contains a body of treaty and customary rules relatingthat contains a body of treaty and customary rules relating
to the seas and oceans regarded as the World’s largestto the seas and oceans regarded as the World’s largest
expanse of common space, freely used for navigation,expanse of common space, freely used for navigation,
exploitation of their natural resources, extraction of mineralexploitation of their natural resources, extraction of mineral
wealth, and as a disposal area for nuclear/toxic/hazardouswealth, and as a disposal area for nuclear/toxic/hazardous
wastes products of industries, domestic life, and war.wastes products of industries, domestic life, and war.
Development of the Law of the Sea: -Development of the Law of the Sea: - Prior to the UnitedPrior to the United
Nations Conferences (UNCLOS I-III) or the HagueNations Conferences (UNCLOS I-III) or the Hague
Codification Conference of 1930, more than 60Codification Conference of 1930, more than 60
international conferences on various uses of the sea wereinternational conferences on various uses of the sea were
held. These conferences produced 64 multilateral treatiesheld. These conferences produced 64 multilateral treaties
dealing with specific and technical aspects of marine affairsdealing with specific and technical aspects of marine affairs
ranging from the protection of submarine cables to salvageranging from the protection of submarine cables to salvage
at sea. By 1983 a total of 162 multilateral conventions andat sea. By 1983 a total of 162 multilateral conventions and
protocols (36 between 1884 and 1944, 28 between 1946protocols (36 between 1884 and 1944, 28 between 1946
and 1957, 36 between 1958 and 1966, and 62 betweenand 1957, 36 between 1958 and 1966, and 62 between
1967 and 1983) were adopted.1967 and 1983) were adopted.

4343
LAW OF THE SEA (LOS)/NIGERIA’SLAW OF THE SEA (LOS)/NIGERIA’S
OCEAN POLICY (Cont’d)OCEAN POLICY (Cont’d)
However, a major development in the law of the sea wasHowever, a major development in the law of the sea was
the 1930 Hague Codification Conference of International Law.the 1930 Hague Codification Conference of International Law.
The importance of the conference was that it was the first mostThe importance of the conference was that it was the first most
organized multilateral conference which addressed the questionorganized multilateral conference which addressed the question
of the age-long territorial sea among the other two subjects ofof the age-long territorial sea among the other two subjects of
law (nationality and state responsibility) that were discussed atlaw (nationality and state responsibility) that were discussed at
the conference.the conference.
After the Hague conference, more multilateral agreementsAfter the Hague conference, more multilateral agreements
were made to the extent that by the end of the 2nd World Warwere made to the extent that by the end of the 2nd World War
to the eve of 1958, a total of 28 multilateral negotiations weto the eve of 1958, a total of 28 multilateral negotiations we
concluded on fisheries conservation and management,concluded on fisheries conservation and management,
seamen’s welfare, sanitary regulation, oil pollution. And by 1958seamen’s welfare, sanitary regulation, oil pollution. And by 1958
and 1960 when UNCLOS I and II, respectively, were held, itand 1960 when UNCLOS I and II, respectively, were held, it
had become clear that the major international concerns werehad become clear that the major international concerns were
fisheries conservation and management, including regionalfisheries conservation and management, including regional
fishery organisations; seamen’s welfare and internationalfishery organisations; seamen’s welfare and international
shipping.shipping.

4444
Prominent among the multilateral agreements concluded at that timeProminent among the multilateral agreements concluded at that time
were the 1946 Convention for the Regulation of Whaling (thewere the 1946 Convention for the Regulation of Whaling (the
Netherlands, Norway, United States, United Kingdom and the defunctNetherlands, Norway, United States, United Kingdom and the defunct
Soviet Union); the Tripartite Fisheries Conference of Tokyo known asSoviet Union); the Tripartite Fisheries Conference of Tokyo known as
the Convention for the High Seas Fisheries of the North pacificthe Convention for the High Seas Fisheries of the North pacific
Ocean; the Brussels Convention on the Liability of Operation ofOcean; the Brussels Convention on the Liability of Operation of
Nuclear Ship (1962) and the 1963 Vienna Convention on Liability forNuclear Ship (1962) and the 1963 Vienna Convention on Liability for
Nuclear Damage. Similarly, by the time the seabed debate began inNuclear Damage. Similarly, by the time the seabed debate began in
the United Nations General Assembly in the mid 1960s, morethe United Nations General Assembly in the mid 1960s, more
international conferences were convened to address the newinternational conferences were convened to address the new
problems of exploration and exploitation of the seabed and a host ofproblems of exploration and exploitation of the seabed and a host of
other issues of concern to coastal states. While fisheries concernsother issues of concern to coastal states. While fisheries concerns
dominated the discussions, marine environment protection anddominated the discussions, marine environment protection and
pollution of the sea by oil (transboundary pollutants) issuespollution of the sea by oil (transboundary pollutants) issues
influenced the conclusion of not less than 24 internationalinfluenced the conclusion of not less than 24 international
conventions. Of equal importance (for Nigeria’s marine policy), theconventions. Of equal importance (for Nigeria’s marine policy), the
period coincided with concern for disposal of nuclear waste andperiod coincided with concern for disposal of nuclear waste and
placement of nuclear weapons on the seabed. Two internationalplacement of nuclear weapons on the seabed. Two international
conventions were concluded on prohibition of emplacement ofconventions were concluded on prohibition of emplacement of
nuclear weapons on the seabed and civil liability in the field ofnuclear weapons on the seabed and civil liability in the field of
maritime carriage of nuclear materials in 1971.maritime carriage of nuclear materials in 1971.

4545
The failure of UNCLOS I and II to agree on the breadth of theThe failure of UNCLOS I and II to agree on the breadth of the
territorial sea and contiguous zone meant that unilateral claims overterritorial sea and contiguous zone meant that unilateral claims over
fishing grounds and other resources of the sea were the order of the day.fishing grounds and other resources of the sea were the order of the day.
This led to tensions and what Wang described as a “simplistic andThis led to tensions and what Wang described as a “simplistic and
chauvinistic solutions to global problems that demanded internationalchauvinistic solutions to global problems that demanded international
cooperation.” Thus, the issue of territorial sea came to be linked with thecooperation.” Thus, the issue of territorial sea came to be linked with the
desire of the maritime powers to secure uninterrupted transit throughdesire of the maritime powers to secure uninterrupted transit through
focal points crucial to international navigation. At the same time therefocal points crucial to international navigation. At the same time there
was bitter concern about the exercise of naval power as national claimswas bitter concern about the exercise of naval power as national claims
over territorial seas expanded from 3 to 6 to 12 ad then to 200 nauticalover territorial seas expanded from 3 to 6 to 12 ad then to 200 nautical
miles (by some Latin American States).miles (by some Latin American States).
The 1982 UNCLOS: -The 1982 UNCLOS: - New Legal Regime: -New Legal Regime: - The 1982 UN ConventionThe 1982 UN Convention
on the Law of the Sea was intended to be a comprehensive restatementon the Law of the Sea was intended to be a comprehensive restatement
of almost all aspects of the Law of the Sea. Its basic objective is toof almost all aspects of the Law of the Sea. Its basic objective is to
establish: -establish: -
““a legal order for the Seas and Oceans which will facilitatea legal order for the Seas and Oceans which will facilitate
international Communication, and will promote the peaceful uses ofinternational Communication, and will promote the peaceful uses of
the seas and oceans, the equitable and efficient utilization of theirthe seas and oceans, the equitable and efficient utilization of their
resources, theresources, the conservation of their living resources, and the study,conservation of their living resources, and the study,
protection and preservation of the marine environment.”protection and preservation of the marine environment.”

4646
By 1958, attempts were made at the United Nations firstBy 1958, attempts were made at the United Nations first
conference on Law of the Sea to resolve these issues. Theconference on Law of the Sea to resolve these issues. The
conference yielded four Conventions on Different areas of theconference yielded four Conventions on Different areas of the
open sea. These were the Convention on the Territorial Seaopen sea. These were the Convention on the Territorial Sea
and the Contiguous Zone (CZ), the Convention on the Highand the Contiguous Zone (CZ), the Convention on the High
Seas, the Convention on Fishing and Conservation of the LivingSeas, the Convention on Fishing and Conservation of the Living
Resources of the High Seas and the Convention on theResources of the High Seas and the Convention on the
Continental Shelf (CS). Although the Convention were largely aContinental Shelf (CS). Although the Convention were largely a
success, some key issues were not resolved namely:success, some key issues were not resolved namely:
• the precise breadth of the TS;the precise breadth of the TS;
• the extent of the right of the coastal States over resources of the CS andthe extent of the right of the coastal States over resources of the CS and
beyond; andbeyond; and
• the concurrent right of all States to exploit the resources of the “abysmalthe concurrent right of all States to exploit the resources of the “abysmal
floor” based on the “exploitability criterion.”floor” based on the “exploitability criterion.”
These outstanding issues were the core issues which theThese outstanding issues were the core issues which the
LOS set out to resolve. We would then examine the relevantLOS set out to resolve. We would then examine the relevant
LOS provision in outline.LOS provision in outline.

4747
a)a) The TSThe TS
The TS was defined as an area of 12 nautical milesThe TS was defined as an area of 12 nautical miles
measured from the coastal baselines of the coastal sea. Itmeasured from the coastal baselines of the coastal sea. It
assimilates this area to the land territory of the coastal State,assimilates this area to the land territory of the coastal State,
which brings it under the sovereignty of such State. The coastalwhich brings it under the sovereignty of such State. The coastal
State, therefore, has as much jurisdiction over the TS as it hasState, therefore, has as much jurisdiction over the TS as it has
over its land territory.over its land territory.
b)b) The CZThe CZ
The CZ is an area of 24 nautical miles measured from theThe CZ is an area of 24 nautical miles measured from the
same coastal baseline as TS. This effectively means 12same coastal baseline as TS. This effectively means 12
nautical miles from the outer limit of the TS. It vests in thenautical miles from the outer limit of the TS. It vests in the
coastal State, jurisdiction over the CZ only to such extentcoastal State, jurisdiction over the CZ only to such extent
necessary to prevent infringement of customs, fiscal,necessary to prevent infringement of customs, fiscal,
immigration and sanitary laws and legislation within its landimmigration and sanitary laws and legislation within its land
territory or TS. Jurisdiction is also vested in the coastal State toterritory or TS. Jurisdiction is also vested in the coastal State to
punish infringement of Laws made in this regard.punish infringement of Laws made in this regard.

4848
c)c) The EEZThe EEZ
The LOS created the EEZ. This area extends to aThe LOS created the EEZ. This area extends to a
maximum of 200 nautical miles from the baselines of themaximum of 200 nautical miles from the baselines of the
coastal State. The LOS vests in the coastal State sovereigncoastal State. The LOS vests in the coastal State sovereign
rights for the purpose of exploiting and managing the resourcesrights for the purpose of exploiting and managing the resources
of this area. The coastal State also possesses jurisdiction, withof this area. The coastal State also possesses jurisdiction, with
due regard to the rights of other States, with respect of thedue regard to the rights of other States, with respect of the
establishment and use of artificial island and structures, marineestablishment and use of artificial island and structures, marine
scientific research, and the protection of the marinescientific research, and the protection of the marine
environment. The coastal State may also take such measuresenvironment. The coastal State may also take such measures
as boarding, inspection, arrest and judicial proceedings as mayas boarding, inspection, arrest and judicial proceedings as may
be necessary to ensure compliance with its laws andbe necessary to ensure compliance with its laws and
regulations, provided such laws and regulations are made inregulations, provided such laws and regulations are made in
conformity with the rights of navigation, overflight and laying ofconformity with the rights of navigation, overflight and laying of
submarine cables and pipelines with regard to the EEZ.submarine cables and pipelines with regard to the EEZ.

4949
d.d. The CSThe CS
The LOS describes the CS as the area comprising theThe LOS describes the CS as the area comprising the
seabed and subsoil of the submarine areas which extendseabed and subsoil of the submarine areas which extend
beyond the TS throughout the natural prolongation of the landbeyond the TS throughout the natural prolongation of the land
territory to the outer edge of the continental margin, on to aterritory to the outer edge of the continental margin, on to a
distance of 200 nautical miles from the coastal baselines. Thedistance of 200 nautical miles from the coastal baselines. The
CS may, however, be extended to a total area not exceedingCS may, however, be extended to a total area not exceeding
350 nautical miles to accommodate the natural formation of the350 nautical miles to accommodate the natural formation of the
area. With regard to this zone, the coastal State is vested witharea. With regard to this zone, the coastal State is vested with
sovereign rights for the purpose of exploring and exploiting itssovereign rights for the purpose of exploring and exploiting its
natural resources. These rights are exclusive in the sense thatnatural resources. These rights are exclusive in the sense that
if the coastal State does not explore these resources, no oneif the coastal State does not explore these resources, no one
else can undertake these activities except with the expresselse can undertake these activities except with the express
consent of the coastal State. Thus, the coastal State hasconsent of the coastal State. Thus, the coastal State has
exclusive right to authorize and regulate drilling on the CS forexclusive right to authorize and regulate drilling on the CS for
all purposes. Other States retain the rights with regard to theall purposes. Other States retain the rights with regard to the
CS as they possess over the EEZ.CS as they possess over the EEZ.

5050
Regulation of Petroleum Exploration andRegulation of Petroleum Exploration and
Production OffshoreProduction Offshore NigeriaNigeria
a)a) The delimitation of the TS under the LOS is different from theThe delimitation of the TS under the LOS is different from the
delimitation of the TS under Nigeria’s Territorial Waters Act (TWA).delimitation of the TS under Nigeria’s Territorial Waters Act (TWA).
While the LOS Situates the TS within 12 nautical miles of the coastalWhile the LOS Situates the TS within 12 nautical miles of the coastal
baseline, the TWA stretches the TS to 30 nautical miles from thebaseline, the TWA stretches the TS to 30 nautical miles from the
coastal baselines. However until the LOS is re-enacted as a localcoastal baselines. However until the LOS is re-enacted as a local
statute in Nigeria, its provisions lack the force of law in Nigeria. Itstatute in Nigeria, its provisions lack the force of law in Nigeria. It
would therefore, seem that while the 12 nautical miles delimitation ofwould therefore, seem that while the 12 nautical miles delimitation of
the TS under the LOS would be opposable against Nigeria at the levelthe TS under the LOS would be opposable against Nigeria at the level
of public international law, a private person or entity cannot directlyof public international law, a private person or entity cannot directly
enforce this delimitation against Nigeria. The practical effect of thisenforce this delimitation against Nigeria. The practical effect of this
state of affairs is that, a company operating 30 nautical miles ofstate of affairs is that, a company operating 30 nautical miles of
Nigerian’s coastal baseline cannot directly resist the assertion ofNigerian’s coastal baseline cannot directly resist the assertion of
jurisdiction by any Nigerian government agency over its activities. Wejurisdiction by any Nigerian government agency over its activities. We
would therefore conclude that until the LOS is re-enacted as part ofwould therefore conclude that until the LOS is re-enacted as part of
local law in Nigeria, activities falling within 30 nautical miles oflocal law in Nigeria, activities falling within 30 nautical miles of
Nigeria’s coastal baselines would continue to be subject to the laws inNigeria’s coastal baselines would continue to be subject to the laws in
force in Nigeria: - public law as well as private law.force in Nigeria: - public law as well as private law.

5151
Nigeria’s Ocean Policy and the Law of the Sea: -Nigeria’s Ocean Policy and the Law of the Sea: - Ocean orOcean or
marine policy is a branch of public policy that deals with themarine policy is a branch of public policy that deals with the
relations between government and the ocean environment orrelations between government and the ocean environment or
coastal zone.coastal zone.
In considering Nigeria’s maritime sectors and policy withinIn considering Nigeria’s maritime sectors and policy within
the purview of ocean law, it is pertinent to note that Nigeria, asthe purview of ocean law, it is pertinent to note that Nigeria, as
a former British Colony, like all newly emergent states, camea former British Colony, like all newly emergent states, came
into the stream of law of the sea just at independence in 1960.into the stream of law of the sea just at independence in 1960.
During the colonial period the British government had legislatedDuring the colonial period the British government had legislated
and made policies related to the sea to protect British colonialand made policies related to the sea to protect British colonial
interests in Nigeria. At independence, however, Nigeriainterests in Nigeria. At independence, however, Nigeria
automatically became a party to three of the four Genevaautomatically became a party to three of the four Geneva
Conventions (Convention on territorial Sea and ContiguousConventions (Convention on territorial Sea and Contiguous
Zone, Convention on the High Seas and Convention on FishingZone, Convention on the High Seas and Convention on Fishing
and Conversation of Living Resources of the (High Seas), asand Conversation of Living Resources of the (High Seas), as
successor to British treaties, by virtue of the instrument ofsuccessor to British treaties, by virtue of the instrument of
exchange of notes between Nigeria and Britain onexchange of notes between Nigeria and Britain on
independence day, regarding succession of treaties.independence day, regarding succession of treaties.

5252
In exercise of her sovereign right as independence state NigeriaIn exercise of her sovereign right as independence state Nigeria
ratified the Convention on Continental Shelf on May 28, 1971,ratified the Convention on Continental Shelf on May 28, 1971,
because the British Government did not ratify that convention atbecause the British Government did not ratify that convention at
the time of exchange of notes. But soon after independence,the time of exchange of notes. But soon after independence,
Nigeria and most Third world Nations, began to realize that theNigeria and most Third world Nations, began to realize that the
provisions of UNCLOS I Conventions did not reflect theprovisions of UNCLOS I Conventions did not reflect the
maritime interests of the new and developing nations of themaritime interests of the new and developing nations of the
international system. They then realized that:international system. They then realized that:
“…“…it was the sea-farming capabilities of the big maritimeit was the sea-farming capabilities of the big maritime
powers coupled with their possession of marine technology forpowers coupled with their possession of marine technology for
the exploitation of living resources of the sea that made themthe exploitation of living resources of the sea that made them
keep the jurisdictional zones of coastal states as minimum askeep the jurisdictional zones of coastal states as minimum as
possible – so that their naval powers and commercial lets couldpossible – so that their naval powers and commercial lets could
dominate the world ocean resources”.dominate the world ocean resources”.

5353
It was against this background that Nigeria teamed upIt was against this background that Nigeria teamed up
with other African and developing countries in the Group ofwith other African and developing countries in the Group of
77 to press for a new international order when the seabed77 to press for a new international order when the seabed
debate and UNCLOS III negotiations began in the late 1960sdebate and UNCLOS III negotiations began in the late 1960s
and early 1970s, respectively. Nigeria thus coalesced withand early 1970s, respectively. Nigeria thus coalesced with
other nations to pursue specific ocean interests and issuesother nations to pursue specific ocean interests and issues
affecting African Group of 77 and coastal states, with the aimaffecting African Group of 77 and coastal states, with the aim
of achieving ‘a comprehensive treaty based on equity andof achieving ‘a comprehensive treaty based on equity and
justice’ to defend political, economic and legal interests in thejustice’ to defend political, economic and legal interests in the
use of the sea. It is believed that Nigeria’s contribution atuse of the sea. It is believed that Nigeria’s contribution at
UNCLOS III negotiations was immensely felt as evidence byUNCLOS III negotiations was immensely felt as evidence by
her proposal on direct relevant issues of national interest andher proposal on direct relevant issues of national interest and
Nigeria’s draft articles on the EEZ, transfer of technology andNigeria’s draft articles on the EEZ, transfer of technology and
the limit of the territorial sea. Her proposal reflected in thethe limit of the territorial sea. Her proposal reflected in the
adopted articles on the EEZ which deal with various rightsadopted articles on the EEZ which deal with various rights
and freedoms and rights of other states in the zone. Nigeria’sand freedoms and rights of other states in the zone. Nigeria’s
most impressive contribution at the conference was hermost impressive contribution at the conference was her
proposal which introduced the concept of ‘joint venture’.proposal which introduced the concept of ‘joint venture’.

5454
The proposal was intended to break the deadlock betweenThe proposal was intended to break the deadlock between
developed and developing counties on the role of states anddeveloped and developing counties on the role of states and
private companies in the exploration of the deep seabed. Part ofprivate companies in the exploration of the deep seabed. Part of
this proposal also deals with the issue of transfer of technology inthis proposal also deals with the issue of transfer of technology in
respect of exploration and exploitation of EEZ resources.respect of exploration and exploitation of EEZ resources.
However, since the outcome of the conference was generallyHowever, since the outcome of the conference was generally
a result of “balance of compromise”, Nigeria had to accept all thea result of “balance of compromise”, Nigeria had to accept all the
provisions of the convention. That is why she signed it when it wasprovisions of the convention. That is why she signed it when it was
first open for signature in 1982 and ratified it on August 14, 1986.first open for signature in 1982 and ratified it on August 14, 1986.
After the New York Agreement of 1994, Nigeria indicated herAfter the New York Agreement of 1994, Nigeria indicated her
consent to be bound by the agreement on November 23, 1994.consent to be bound by the agreement on November 23, 1994.
This means that this convention is in full force as far as Nigeria isThis means that this convention is in full force as far as Nigeria is
concerned. What remains, therefore, is that Nigeria needsconcerned. What remains, therefore, is that Nigeria needs
conscientious efforts at implementing the provisions of theconscientious efforts at implementing the provisions of the
Convention so as to maximize or achieve optimum utilization of herConvention so as to maximize or achieve optimum utilization of her
ocean space. These conscientious efforts at implementing the LOSocean space. These conscientious efforts at implementing the LOS
and any other actions to achieve our national interests inand any other actions to achieve our national interests in
connection with any activity related to the sea constitute theconnection with any activity related to the sea constitute the
national ocean policy.national ocean policy.

5555
Nigeria’s Ocean/Marine Interests: -Nigeria’s Ocean/Marine Interests: - Nigeria’s Ocean interests as aNigeria’s Ocean interests as a
costal and developing state cover a variety of strategic needs including: -costal and developing state cover a variety of strategic needs including: -
i.i. Exploration and exploitation of the resources of the sea;Exploration and exploitation of the resources of the sea;
ii.ii. Transport and communication;Transport and communication;
iii.iii. Military and strategic interests;Military and strategic interests;
iv.iv. Marine scientific research and transfer of marine technology;Marine scientific research and transfer of marine technology;
v.v. Waste disposal, marine environment preservation and management;Waste disposal, marine environment preservation and management;
vi.vi. Coastal zone management; andCoastal zone management; and
vii.vii. Tourism and Recreation.Tourism and Recreation.
The LOS provides exclusive jurisdiction over resources of the EEZ andThe LOS provides exclusive jurisdiction over resources of the EEZ and
Continental shelf. With a land area of 923,768km2, Nigeria, lies betweenContinental shelf. With a land area of 923,768km2, Nigeria, lies between
latitude 4latitude 400
16’ – 1316’ – 1300
52’N and longitude 252’N and longitude 200
49’ – 1449’ – 1400
37’ East of the Equator. A37’ East of the Equator. A
coastline of about 850km (15 nautical miles) bordering the Gulf of Guineacoastline of about 850km (15 nautical miles) bordering the Gulf of Guinea
and an Exclusive Economic Zone of 200 nautical miles covers marineand an Exclusive Economic Zone of 200 nautical miles covers marine
area of approximately 210,900kmarea of approximately 210,900km22
within which Nigeria exerciseswithin which Nigeria exercises
sovereign rights for exploring, exploiting, conserving and managing withsovereign rights for exploring, exploiting, conserving and managing with
regards to installations, structures marine scientific research andregards to installations, structures marine scientific research and
protection of the marine environment. Nigeria has a continental shelfprotection of the marine environment. Nigeria has a continental shelf
which narrows in the west to between 8 – 25 nautical miles but relativelywhich narrows in the west to between 8 – 25 nautical miles but relatively
widens off the Niger Delta to the eastern flank to about 43 nautical miles.widens off the Niger Delta to the eastern flank to about 43 nautical miles.

5656
With a shelf break of 200 metres contour line marking theWith a shelf break of 200 metres contour line marking the
outer edge, the total surface area of the shelf is aboutouter edge, the total surface area of the shelf is about
41,000km41,000km22
. The Geomorphic features of this continental. The Geomorphic features of this continental
shelf are the Avon, Mahin and Calabar canyons as well asshelf are the Avon, Mahin and Calabar canyons as well as
sand banks in the inner shelf off the river banks and thesand banks in the inner shelf off the river banks and the
deep seated faults Romanche chain and charcot fracturedeep seated faults Romanche chain and charcot fracture
zones that originate in the Mid-Atlantic ridge. Explorationzones that originate in the Mid-Atlantic ridge. Exploration
and exploitation of both the living and non-living resourcesand exploitation of both the living and non-living resources
of this area have vast implication for the country’s economicof this area have vast implication for the country’s economic
and military strategy.and military strategy.
Need for an Integrated National Ocean Policy in NigeriaNeed for an Integrated National Ocean Policy in Nigeria
– Nigeria’s ocean/marine affairs are handled by a number of differentNigeria’s ocean/marine affairs are handled by a number of different
agencies such that there is no one government agency thatagencies such that there is no one government agency that
overseas ocean activities. Decisions are consequently taken on theoverseas ocean activities. Decisions are consequently taken on the
basis of particular needs without due consideration to otherbasis of particular needs without due consideration to other
responsibilities.responsibilities.

5757
– For example, the Nigerian Navy patrols the territorial sea andFor example, the Nigerian Navy patrols the territorial sea and
performs defence related matters; the marine police and customsperforms defence related matters; the marine police and customs
check crimes and fiscal regulations in ports and harbours; thecheck crimes and fiscal regulations in ports and harbours; the
Federal Department of Fisheries regulates fishing activities; theFederal Department of Fisheries regulates fishing activities; the
NNPC regulates development, exploration, exploitation andNNPC regulates development, exploration, exploitation and
marketing of petroleum related products; the Ministry of Science andmarketing of petroleum related products; the Ministry of Science and
Technology and the National Institute for Oceanographic and MarineTechnology and the National Institute for Oceanographic and Marine
Research are concerned with marine technology acquisition andResearch are concerned with marine technology acquisition and
research related matters; the newly established National Maritimeresearch related matters; the newly established National Maritime
Administration and Safety Agency is responsible for the promotion ofAdministration and Safety Agency is responsible for the promotion of
Maritime safety and security, protection of the marine environment,Maritime safety and security, protection of the marine environment,
shipping registration and commercial shipping, and maritime labour;shipping registration and commercial shipping, and maritime labour;
while the newly established National Environmental Standards andwhile the newly established National Environmental Standards and
Regulations Enforcement Agency (NESREA) is responsible for theRegulations Enforcement Agency (NESREA) is responsible for the
protection and development of the environment and naturalprotection and development of the environment and natural
resources, enforcement of laws, rules, standards relating to theresources, enforcement of laws, rules, standards relating to the
environment/treaties on environment including marine and wildlife,environment/treaties on environment including marine and wildlife,
biodiversity conservation, environmental pollution and hazardousbiodiversity conservation, environmental pollution and hazardous
wastes disposal etc.wastes disposal etc.

5858
– Jurisdictional powers of these agencies are backed by aJurisdictional powers of these agencies are backed by a
number of legislations such as the Sea Fisheries Act,number of legislations such as the Sea Fisheries Act,
Territorial Waters Act, the National MaritimeTerritorial Waters Act, the National Maritime
Administration and Safety Act, 2006, the Coastal andAdministration and Safety Act, 2006, the Coastal and
Inland Shipping (cabotage) Act, 2003, and the NESREAInland Shipping (cabotage) Act, 2003, and the NESREA
Act, 2007 etc. promulgated at different times.Act, 2007 etc. promulgated at different times.
– Both the abolished and existing agencies and legislationsBoth the abolished and existing agencies and legislations
may have been relatively effective in their functions butmay have been relatively effective in their functions but
they are constrained by inadequate marine technologythey are constrained by inadequate marine technology
and lack of central coordinating body to enhanceand lack of central coordinating body to enhance
integrated ocean management and policy coordination.integrated ocean management and policy coordination.
– Integration of ocean policy supplements rather thanIntegration of ocean policy supplements rather than
replace a sectoral approach.replace a sectoral approach.

2012 11-10-150747 3901

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