Case Concerning the Land and Maritime Boundary between Cameroon and Nigeria

Abstract

International Court of Justice — Jurisdiction — Whether Cameroon’s Application fulfilling requirements of Statute of Court — Cameroon invoking declarations made by two States under Article 36(2) of Statute of Court as basis for jurisdiction — Nigeria raising eight preliminary objections to jurisdiction of Court — Whether Court having jurisdiction to adjudicate on merits of dispute — Whether Parties bound to settle all boundary disputes through existing bilateral machinery — Whether settlement of boundaries within Lake Chad region within exclusive competence of Lake Chad Basin Commission — Whether Court should determine boundary in Lake Chad to extent that boundary constituted or was constituted by the tripoint in the Lake — Whether any dispute concerning boundary delimitation as such throughout whole length of boundary from tripoint in Lake Chad to sea — Whether any basis for judicial determination that Nigeria bearing international responsibility for alleged frontier incursions — Whether any legal dispute concerning delimitation of maritime boundary between two Parties appropriate for resolution by Court — Whether question of maritime delimitation inadmissible where necessarily involving rights and interests of third States — Admissibility of Cameroon’s Application — Judgment on Preliminary Objections

International Court of Justice — Judgment — Res judicata — Request for Interpretation — Nigeria requesting Court to interpret Judgment on Preliminary Objections — Whether Court having jurisdiction to entertain Nigeria’s request — Article 60 of Statute of Court — Admissibility of Nigeria’s request — Article 60 of Statute of Court

International Court of Justice — Intervention — Equatorial Guinea requesting permission to intervene in maritime aspects of case — Whether Equatorial Guinea sufficiently establishing interest of legal nature which could be affected by Court judgment — Admissibility of Equatorial Guinea’s request — Article 62 of Statute of Court

International Court of Justice — Merits — Boundary dispute — Delimitation of land and maritime boundaries between Parties — Title to territory — Cameroon claiming legal title — Nigeria’s submissions based on historical consolidation and effectivités — Long-standing land boundary dispute — Sector of land boundary in Lake Chad area — Sector of land boundary from Lake Chad to Bakassi Peninsula — Sector of land boundary in Bakassi and sovereignty over Bakassi Peninsula — Boundary of maritime areas — Issues of State responsibility

Territory — Sovereignty — Delimitation of land boundary between Parties — Land boundary sector in Lake Chad area — 1919 Milner — Simon Declaration — 1929-30 Thomson — Marchand Declaration — 1931 Henderson — Fleuriau Exchange of Notes — Whether instruments having international agreement status — Whether delimiting boundary in Lake Chad area — Role of work of Lake Chad Basin Commission — Theory of historical consolidation of title — Whether valid mode of acquisition of title under international law — Role of effectivités — Whether Cameroon acquiescing

Territory — Sovereignty — Delimitation of land boundary between Parties — Land boundary sector from Lake Chad to Bakassi Peninsula — Delimited by 1929-30 Thomson — Marchand Declaration as incorporated in 1931 Henderson — Fleuriau Exchange of Notes — 1946 British Order in Council — Anglo-German Agreements of 11 March and 12 April 1913 — Court’s task — Whether instruments binding and applicable — Interpretation and application of provisions

Territory — Sovereignty — Delimitation of land boundary between Parties — Sector of land boundary in Bakassi and sovereignty over Bakassi Peninsula — Colonial history — League of Nations Mandate — United Nations Trusteeship — Independence — Anglo-German Agreement of 11 March 1913 — Whether defective — Whether effective — Whether Great Britain having legal capacity to transfer sovereignty over Bakassi Peninsula under Anglo-German Agreement of 11 March 1913 — 1884 “Treaty of Protection” between Great Britain and Kings and Chiefs of Old Calabar — Status — Agreements with local rulers — Inter-temporal law principle — Pacta sunt servanda rule — Whether Nigeria recognizing Cameroonian sovereignty

Sea — Delimitation of maritime boundary between Parties — Whether Court having jurisdiction over maritime delimitation — Whether Cameroon’s claims admissible — Rights and interests of third States — Whether rights of Equatorial Guinea and São Tomé and Principe affected — Role of negotiations — Articles 74 and 83 of

United Nations Law of the Sea Convention, 1982 — Applicability of Anglo-German Agreement of 11 March 1913 — Whether Maroua Declaration 1975 a treaty — Whether Yaounde II Declaration 1971 binding upon Parties — Cameroon and Nigeria both parties to United Nations Law of the Sea Convention, 1982 — Articles 74(1) and 83(1) — Applicable law — Delimitation of continental shelf and exclusive economic zone between States with adjacent coasts — Whether equidistance line achieving equitable result

Treaties — Land boundary delimitation — 1919 Milner — Simon Declaration — 1929-30 Thomson — Marchand Declaration — 1931 Henderson — Fleuriau Exchange of Notes — Whether instruments having international agreement status — Whether instruments delimiting boundary in Lake Chad area

Treaties — Land boundary delimitation — 1929-30 Thomson — Marchand Declaration — 1946 British Order in Council — Anglo-German Agreements of 11 March and 12 April 1913 — Whether instruments binding and applicable in delimitation of land boundary sector from Lake Chad to Bakassi Peninsula — Interpretation and application of provisions

Treaties — Land boundary delimitation — Anglo-German Agreement of 11 March 1913 — Whether defective — Whether effective — Whether Great Britain having legal capacity to transfer sovereignty over Bakassi Peninsula under Anglo-German Agreement of 11 March 1913 — 1884 “Treaty of Protection” between Great Britain and Kings and Chiefs of Old Calabar — Status — Agreements with local rulers — Inter-temporal law principle — Pacta sunt servanda rule

Treaties — Maritime boundary delimitation — Articles 74 and 83 of Law of the Sea Convention, 1982 — Applicability of Anglo-German Agreement of 11 March 1913 — Whether Maroua Declaration 1975 constituting a treaty under Vienna Convention on the Law of Treaties, 1969 — Whether Yaounde II Declaration 1971 binding upon Parties — Cameroon and Nigeria both parties to United Nations Law of the Sea Convention, 1982 — Articles 74(1) and 83(1) — Applicable law

State responsibility — Cameroon accusing Nigeria of invading and occupying its territory — Whether Nigeria violating obligations under conventional and customary international law — Principle of non-use of force — Principle of non-intervention — Territorial sovereignty — Whether guarantees of non-repetition necessary — Whether necessary to ascertain whether and to what extent Nigeria’s international responsibility engaged by its occupation — Whether reparation due for material and moral injury — Compliance with Provisional Measures Order — Whether Nigeria responsible for repeated incursions along boundary length 1970-2001

War and armed conflict — Cameroon’s Application accusing Nigeria of acts of aggression — Allegations that Nigerian forces occupying Cameroonian territory since 1993 — Armed clashes in Bakassi Peninsula between Cameroonian and Nigerian forces in 1996 — Court indicating provisional measures of protection in 1996 at Cameroon’s request