Implications Of The Law Of The Sea For African Territorial Waters And High Seas: A Case Study Of Nigeria’s Marine Policy 1960-1998

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maritime legislations are outdated and in conflict with current international practices, there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.