The International Court of Justice’s Disputes Settlement in International Law: A Bird’s Eye View of the Dispute between Cameroon and Nigeria Relating to the Bakassi Peninsula

  • Nkongho Elizabeth
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  • Nkongho Elizabeth

    Associate Professor of Laws and Political Science and Head of English Law Department, University of Buea, Cameroon

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Abstract

The settlement of international disputes embodied in various legal instruments, especially the International Court of Justice (hereafter referred to as ICJ or the Court), with its seat at the Hague, established to ensure the principal judicial organ of the United Nations (hereafter referred to as UN) to materialize the fundamental objectives of the UN; maintenance of peace and a stable world order, adjustment or settlement of international disputes which might lead to a breach of peace. The ICJ has two main functions: to settle legal disputes submitted to it by states in accordance with international law and to give advisory opinions on legal questions referred to it by authorised international organs and agencies. The Security Council of the UN enforces judgments of the ICJ. The ICJ has been able to resolve a wide range of international disputes including that between Cameroon and Nigeria over the Bakassi peninsular. The paper examines the role of the ICJ in the settlement of international disputes with an objective to ascertain its effectiveness in adjudicating the dispute between Cameroon and Nigeria over the Bakassi Peninsula and to evaluate the effectiveness of the Court, the extent of its success and weaknesses. Doctrinal methodology applied with a qualitative research approach. Findings show some shortcomings in the workings of ICJ in the settlement of international disputes. This work benefits legal scholars as a point of reference, international legal scholars, and governments especially those of Cameroon and Nigeria as well as others in the sub-region as it highlights the importance of peaceful settlements of border disputes.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 5, Page 1127 - 1144

DOI: https://doij.org/10.10000/IJLMH.113683

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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