Browsing by Author "Godwin, Awah G."

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    THE ADEQUACY OF THE LEGAL FRAMEWORK OF JOINT DEVELOPMENT AND BOUNDARY DELIMITATION BETWEEN OIL PRODUCING COASTAL STATES
    (Department of Public and International Law, Nasarawa State University Keffi, 2021-01-01) Nasir, Jamila M.; Iyadah, John Viko; Godwin, Awah G.
    Between 1968 and 1992, international courts and tribunals basically took the result-oriented equity approach. In this paper, we outline the principal relevant circumstances for boundary delimitation in a joint development zone of hydrocarbon deposits between coastal states. The relevant circumstances are geographicalfactors, the configuration of coasts, propor-tionality, geological and geomorphological factors, presence of the third state, presence of islands baselines, economic factors, and conduct ofparties. This paper further highlights relevant cir­ cumstances that affect boundary delimitation of joint development of hydrocarbon deposits be­ tween two or more coastal states.
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    APPRAISAL OF THE RIGHTS AND OBLIGATIONS OF COASTAL STATES WITH RESPECT TO THE DEVELOPMENT OF OVERLAPPING HYDROCARBON DEPOSITS UNDER UNCLOS 1982
    (Department of Public and International Law, Nasarawa State University Keffi, 2020-03-06) Nchi, Suleiman; Iyadah, John Viko; Godwin, Awah G.
    Disputes between coastal states of maritime areas with transboundary hydrocarbon deposits are often caused by unilateral act of a particular coastal state. This act exists in both law and literature, though it is shrouded in doubt. In the recent time international law has become more pronounced in boundaries dispute between maritime states and are often resolved after a long time. It is a known fact that coastal states are often in deadlock over delimitation of the boundary issues, but the need for exploration and exploitation of the transboundary hydrocarbon deposits is imperative for the sake of social welfare, energy security and economic development. On this premise, one may ask about the right and obligations of Coastal States with special respect to the development of hydrocarbon deposits in the overlapping claimed area. It is therefore certain, that in determining maritime delimitation, Coastal States may exercise control and jurisdiction over certain hydrocarbon deposits. In order to avoid dispute as a result of the transboundary hydrocarbon deposits, Nigeria and Sao Tome and Principe agreed to enter into a joint development treaty of the hydrocarbon deposits within the overlapping maritime area in the context of a provisional arrangement pending the final delimitation without hampering or jeopardizing any of the parties. This paper examines the relevant provisions of UNCLOS 1982, international jurisprudence and state practice on the rights and obligations of parties. In the case of Guyana v Suriname, the Tribunal agued extensively on the decision of the International Court of Justice (ICS) in the Aegean Sea continental shelf case that determines on interim measure which is significant in this regard; clarifying, at least to certain extent, the scope of unilateral conduct. The maritime boundary dispute between Ghana and Cote d’ Ivoire judgement gives a different light on the issue, in comparison to the earlier case law, thereby creating the legal room to revisit the topic of what the rights and obligations of states are in a disputed maritime area. It is also pertinent to note that the International Tribunal on Law of the Sea (ITLOS) on September 2017 decided on the lawfulness of unilateral conduct by Ghana in the disputed maritime area with Cote d’ Ivoire; hence foreclosing on the rights and obligations of each Coastal State.
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    CHALLENGES OF TECHNOLOGY TRANSFER AND ACQUISITION IN THE NIGERIA’S OIL AND GAS SECTOR
    (Department of Public and International Law, Nasarawa State University Keffi, 2021-02-02) Nasir, Jamila M.; Iyadah, John Viko; Godwin, Awah G.
    Nigeria being one of the developing countries in the world had made various efforts at acquiring foreign technology to drive the development increases in the country. It is certain that oil and gas operation in Nigeria is over 60 years, whereas the sector is still largely foreign- technology driven. While technology transfers effects have been very successfid in the Asian economies like China, India, South Korea and Malaysia, but the level of success in the technological advancement between the Asian economies and Nigeria is in the approach or method adopted by the economies. From the year 2004, the Federal Government of Nigeria began to seek greater indigenous involvement through the encouragement of indigenous participation in upstream operations, marginal fields development programme and the internalization of input in the industry by increasing the quantum of composite value added or created in the Nigerian economy through the utilization of Nigerian human and material resources (Local Content Development Programme). This programme is an attempt at circumventing both the capitalist and the critical social theories of technology transfer and developing an indigenous technology initiative. The various policy and legal framework for the realization of Nigerian content in the development of the industry is considered as well as the prospects and challenges attendant to such initiatives. While the paper finds that significant progress has been recorded in the development of local content in the industry, it makes adequate recommendation towards addressing some of the key challenges to such development in the industry. This is strongly believed that the implementation of the policy on the nation participation will involve greater majority of Nigerians actively in the oil and gas industry and this will ensure the age long desired control of the sector.
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    EXAMINATION OF THE LEGAL STATUS OF JOINT DEVELOPMENT OF HYDROCARBON DEPOSITS IN NIGERIA AND SAO TOME AND PRINCIPE
    (Department of Public and International Law, Nasarawa State University keffi, 2021-07-04) Nasir, Jamila M.; Iyadah, John Viko; Godwin, Awah G.
    One of the most recent main trends in international practice in the law of the sea is the joint development of transboundary resources in maritime areas. This paper examines the legal status of the joint development of hydrocarbon deposits in Nigeria and Sao Tome and Principe. Some pertinent gaps have been identified with regards to the United Nations Law of the Sea (UNCLOS, 1082) that promotes maritime disputes between the coastal states. The gaps and lacuna in UNCLOS 1982 are probably caused by the committee or the drafters. As a solution, the paper is making a case for an urgent international convention to be convened soon for all the wrongs of UNCLOS associated with the trans-boundary overlapping natural resources between two coastal states to be corrected and foreclosed.