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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 nation states. 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maritime legislations are outdated and in conflict with current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 affaires and to provide necessary leadership and the opportunity for policy prioritization in
ocean matters.
CHAPTER ONE
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 rounds 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.
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