Implications of the Law of the Sea for African Territorial Waters and High Seas
ABSTRACT
The sea by its very nature is international and has remained an object of intense competition and scramble among maritime nations at different epochs in history.
The Third United Nations Convention on the Law of the Sea (UNCLOSIII), in 1982 is not only a comprehensive legal instrument that embodies one of the latest codifications and progressive development of international law, but is also a legal base for the Ocean policies of nationstates.
This study examines the implications of the law of the sea for African Territorial Waters and High Seas; the aim of the study is to examine why there is no comprehensive marine policy in Nigeria.
Secondly, the study aims to ascertain why current policy strategies, including the national shipping policy, have failed to adequately protect Nigeria’s marine policy interest. The study adopted the Rational Comprehensive Model (RCM) as a theoretical framework.
Data were collected and analysed using the qualitative descriptive method. Specifically, data were generated from secondary sources such as books, journals, internet publications etc.
The study reveals among other things that: (i) There is institutional inadequacy as Nigeria does not have a central authority that oversees ocean affairs; (ii) There still exists a legislative vacuum as far as maritime laws are concerned; while some existing maritime legislation are outdated and in conflict with current international practices, there
are areas in which laws have not yet been enacted.
The study therefore recommends that the Federal Government of Nigeria should create a Ministry of Ocean Affairs, and make a clear statement or declaration on the implementation of an integrated ocean policy in the country;
Secondly, the Federal Government should establish an inter-ministerial, agency, board or council under the new Minister of Ocean Affairs, to take charge as the a lead marine affairs agency (preferably an enhanced Nigeria Maritime Agency).
This body should be responsible for bringing together governmental and non-governmental organizations involved in ocean affairs and to provide necessary leadership and the opportunity for policy prioritization in ocean matters.
TABLE OF CONTENTS
Title Page – – – – – – – – – – i
Approval Page – – – – – – – – – ii
Dedication – – – – – – – – – – iii
Acknowledgement – – – – – – – – – iv
Abstract – – – – – – – – – – v
Table of Contents – – – – – – – – – vi
List of Tables – – – – – – – – – – ix
List of Figures- – – – – – – – – – x
Abbreviations used in the Study – – – – – – – xi
CHAPTER ONE: INTRODUCTION
1.1 Background of the Study – – – – – – – 1
1.2 Statement of the Problem – – – – – – – 4
1.3 Objectives of the Study – – – – – – – 4
1.4 Significance of the Study – – – – – – – 5
1.5 Scope of the Study – – – – – – – – 5
1.6 Operational Definitions – – – – – – – – 6
CHAPTER TWO: LITERATURE REVIEW
2.1 Theoretical Literature – – – – – – – – 11
2.2 Empirical Literature – – – – – – – – 20
2.3 Gaps in Literature – – – – – – – 46
CHAPTER THREE: METHODOLOGY
3.1 Theoretical Framework – – – – – – – -47
3.2 Hypotheses – – – – – – – – – 52
3.3 Research Design – – – – – – – – 52
3.4 Methods of Data Collection – – – – – – – 54
3.5 Methods of Data Analysis – – – – – – – 54
CHAPTER FOUR: ESSENTIALS OF THE LAW OF THE SEA ON TERRITORIAL WATERS AND HIGH SEAS
4.1 The Historical Evolution of the Law of the Sea and the Concepts of Territorial
Waters and High Seas – – – – – – – 57
4.2 Baselines – – – – – – – – – 59
4.3 The Width of the Territorial Sea – – – – – – 62
4.4 The Juridical Nature of the Territorial Sea – – – – – 62
4.5 The Right of Innocent Passage – – – – – – 63
4.6 Jurisdiction over Foreign Ships – – – – – – 66
4.7 The Exclusive Economic Zone – – – – – – 67
4.8 The Continental Shelf – – – – – – – 70
4.9 The Rights and Duties of the Coastal State – – – – 74
4.10 Maritime Delimitation – – – – – – – 75
4.11 The High Seas – – – – – – – – 86
4.12 Jurisdiction on the High Seas – – – – – – 88
4.13 Exceptions to the Exclusivity of Flag-state Jurisdiction – – – 90
4.14 Piracy – – – – – – – – – – 91
4.15 The Slave Trade – – – – – – – – 92
4.16 Hot Pursuit – – – – – – – – – 93
4.17 Treaty Rights and Agreements – – – – – – 94
4.18 Pollution – – – – – – – – – 95
4.19 Straddling Stocks – – – – – – – – 97
4.20 Nigeria as a Maritime Nation – – – – – – 101
4.21 Nigeria’s Ocean Space – – – – – – – 103
4.22 Nigeria’s Maritime Interests – – – – – – – 111
CHAPTER FIVE: CONSEQUENCES OF THE LAW OF THE SEA FOR AFRICAN TERRITORIAL WATERS AND HIGH SEAS
5.1 Introduction – – – – – – – – – 127
5.2.1 A Model of Analysis – – – – – – – – 127
5.2.2 Marine Policy Network Analysis – – – – – – 128
5.2.3 Inputs – – – – – – – – – – 128
5.2.4 Processing – — – – – – – – – 129
5.2.5 Outputs – – – – – – – – – 132
5.3 Analysis – – – – – – – – – – 138
5.4 Economic Consequences of the Law of the Sea for Africa – – 163
5.5 Socio cultural Consequences of the Law of the Sea for Africa – – 166
5.6 Political Consequences of the Law of the Sea for Africa – – – 167
5.7 Geo Strategic Consequences of the Law of the Sea for Africa – – 169
5.8 Other Consequences of the Law of the Sea for Africa – – – 169
CHAPTER SIX: ALTERNATIVE POLICY OPTIONS FOR AFRICAN STATES ON TERRITORAL WATERS AND HIGH SEAS
6.1 Introduction – – – – – – – – – 171
6.2 Descriptive Analysis of Nigeria’s and African Territorial Waters and High Seas – – – – – – – – 172
6.3 Integrated Ocean Policy Option for Nigeria – – – – 173
6.4 Conclusions – – – – – – – – – 181
CHAPTER SEVEN: SUMMARY, RECOMMENDATIONS AND CONCLUSION
7.1 Summary – – – – – – – – – – 183
7.2 Recommendations – – – – – – – – 192
7.3 Conclusions – – – – – – – – – 194
BIBLIOGRAPHY – – – – – – – – – 199
INTRODUCTION
1.1 Background of the Study
Legal rules, whether municipal or international, usually grow as a result of political, economic, and geographical circumstances that shape their emergence.
This is apparent with the law of the sea which emerged from a laissez-faire regime of freedom, openness and unrestricted use to the present state of an expanded ocean enclosure.
The traditional openness and freedom of the high seas survived the early period because it reflected the interests of the dominant maritime powers of the time as it adequately served their domination of navigation and fishing.
As ships were relatively smaller and fewer than what is obtainable today, nobody talked about depletion of fish stocks, as ocean resources were generally considered inexhaustible.
This traditional hegemony of the world’s ocean and seas by the west European maritime powers was first challenged by the emergence of the super powers in the 20th century.
The super powers came in not only to challenge the European dominance of the seas but were also interested in maximizing the freedom of marine communication.
The second challenge came as a result of growing nationalism and demands for economic freedom by the developing states, majority of which had gained independence after the Second World War.
Thirdly, the technological breakthrough and increased demand for sea resources created more grounds for conflicts on the seas. (Tagow, 2010).
The threat of pollution from supertankers after the Suez coastal states of tightly monitor vessels passing near their coasts, the threat of over-fishing and the control over continental shelf resources intensified and increased the possibilities of conflicts as a result or renewed interest of states in the sea.
BIBLIOGRAPHY
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Ajao, E.A. (1996), A Review of Pollution of Coastal Waters in Nigeria. Lagos: NIOMR.
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Ajayi, T. O. and Talabi, S.O. (1984), The Potential Strategies for Optimum Utilization of Fisheries of Nigeria. Lagos: NIOMR.
Akindele, R.A. and Vogt, M.A. (1983), Proceedings of the workshop on Smuggling and Coastal Piracy in Nigeria. Lagos: NIIA.
Akinsanya, A. (1980), The Law of the Sea Unbilaterialsm or Multilateralism. Lagos: Lagos University Press.