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The Joint Development Zone Between Nigeria and Sao Tome THE JOINT DEVELOPMENT ZONE BETWEEN NIGERIA AND SAO TOME AND PRINCIPE: A CASE OF PROVISIONAL ARRANGEMENT IN THE GULF OF GUINEA INTERNATIONAL LAW, STATE PRACTICE AND PROSPECTS FOR REGIONAL INTEGRATION J. TANGA BIANG The United Nations – The Nippon Foundation of Japan Fellowship Programme 2009-2010 DIVISION FOR OCEAN AFFAIRS AND THE LAW OF THE SEA OFFICE OF LEGAL AFFAIRS, UNITED NATIONS NEW YORK, 2010 AUTHOR TANGA BIANG J. Diplomat, Division of Legal Affairs and Treaties, Ministry of External Relations, Republic of Cameroon. i SUPERVISORS Prof. Alain Piquemal Dr. François Bailet Professeur agrégé de droit public, Division for Ocean Affairs Directeur du Centre d’Etudes et de Recherches sur le and the Law of the Sea, Droit des Activités Maritimes et de l’Environnement, Office of Legal Affairs, Institut du Droit de la Paix et du Développement, United Nations Université de Nice-Sophia Antipolis ii DISCLAIMER The views expressed herein are those of the author and do not necessarily reflect the views of the Government of Cameroon, the United Nations, The Nippon Foundation of Japan, or the University of Nice-Sophia Antipolis (Centre d’Etudes et de Recherches sur le Droit des Activités Maritimes et de l’Environnement-Institut du Droit de la Paix et du Développement). © 2010 Tanga Biang J . Tous droits réservés. iii To Pr. Alain Didier Olinga, From the International Relations Institute of Cameroon iv « Nous savions déjà, depuis Valery, que les civilisations étaient mortelles ; nous apprenons maintenant que l’espèce humaine, la vie et peut-être l’univers le sont aussi. Au monde-horloge, réglé par une mathesis universelle, modèle d’un ordre stable et parfait […], succède maintenant un cosmos incertain, jailli du désordre et toujours menacé d’entropie ». OST (F.), La nature hors la loi, L’écologie à l’épreuve du droit, Paris, Editions La Découverte, 2003, p. 243 ; quoted from Galax Yves Landry Etoga, La Gouvernance de la biodiversité marine et cotière dans leGolfe de Guinée, Research Paper, United Nations-Nippon Foundation Fellowship Programme, 2009,14. v ACKNOWLEGMENTS My gratitude and my appreciation to the Nippon Foundation of Japan and the United Nations for granting me this Fellowship Award to conduct this research. I would also like to thank the University of Nice-Sophia Antipolis, and especially the Institut du Droit de la Paix et du Développement (IDPD) created under the auspices of late Pr. René-Jean Dupuy for accepting my placement there. I am profoundly grateful to Pr. Alain Piquemal, Director of the IDPD-University of Nice-Sophia Antipolis, who did far more than could have been expected from someone assuming such duties as his, in order not only to secure my placement at the Institute, but also to make sure that I had the best material and academic conditions for my research. I really enjoyed the opportunity he granted me to attend a full semester course with students of “Master 2 Droit et Pratique des Affaires Internationales (Parcours Professionel)”.The interesting discussions held during the seminars there helped me to have a better understanding of commercial dispute settlement in relation with my thesis. I thank Mme Pascal Lesouin, Pr.Piquemal’s Secretary, as well as Stephane from the IDPD for helping me in many ways. I remain grateful to Pr. Louis Balmond, and Pr. Philippe Saunier, respectively Dean and Deputy Dean of the IDPD, for their regardful concern as to my stay among them. I extend my special feelings of gratefulness to Mr. Serguei Tarassenko, Director of DOALOS, not only for accepting to receive me in that prestigious Division, but also for his kindness. Through him, may all the personnel of Doalos find the expression of my gratitude to them, among which Charity, Olga, Nena, Maria, Vita, Cristina, Simone, Charlotte, Esperanza, Fiona, Nicola, Daisi, Lin, Valentina, Carlos, Shawn, Luigi and Michele. All of them had brought a lot of warmth to my stay in New York. I am grateful to Ms. Gabriele Goettsche-Wanli, DOAOLS Deputy Director for being so gracious to me, as well as Ms. Alice Hicuburundi, Mr. Andre Tahindro and Mr. Michael Shewchuk for the same reasons. vi I am grateful to Oki, Leyla and Bob, un-nippon fellows, as well as Louise Hulander and Nkeiru Scotcher , on internship at the DOALOS, for their kindness and readiness in helping me. My debt towards Dr. Francois Bailet, Supervisor of the Fellowship Program cannot be stated. He made impossible efforts to remain available and kind, despite my clumsiness and weaknesses, which are countless. I secured my placements only thanks to his personal involvement. Nothing would have been achieved without him. I am thankful to the High Authorities of the Ministry of External Relations of Cameroon for accepting my participation to this Programme. I am particularly thankful to the Chief of the Division of Legal Affairs and Treaties, Mr. Ambassa Ntede R., for suggesting this Programme to me and for supporting my application. Ultimately, I thank my sweetheart, Mua Nlima, who suffered so much from this eight-month separation, and who gave birth to our son, Biang Alexandre Shaka, in my absence. vii ABSTRACT Joint Development Zones have become one of the major trends of international law since the 1990s. As part of the State practice on provisional arrangements, joint development zones are governed under articles 74(3) and 83(3) of the 12 December 1982 United Nations Convention on the Law of the Sea. These provisions advise or oblige States to contemplate “provisional arrangements” of “a practical nature” when they face deadlocks in negotiations over maritime delimitation. This means that if States cannot agree on their maritime boundaries, they can or should instead consider cooperation on the disputed maritime areas, for a transitional period, while remaining under the duty of carrying negotiations on. This is exactly what happened in the Gulf of Guinea around year 2000 between Nigeria and Sao Tome and Principe. While trying to achieve the delimitation of their respective economic exclusive zone, they soon faced a deadlock. Ultimately, both States, explicitly referring to the relevant provisions of the United Nations Convention on the Law of the Sea, decided to establish a JDZ off their coasts, which covers the whole area of their overlapping claims, that is a part of their potential respective economic exclusive zone. The Treaty was signed on 21 February 2001 and is the second one on the Atlantic shores of Africa. It entered into force in 2003. The discussion reveals that this instrument is in compliance with international law. It is also an important contribution to the expression of opinio juris over the provisions of the United Nations Convention under consideration. The current general concerns over global warming and ocean governance entails a prospective analysis of the issues at stake in that treaty, as it deals with potential exploitation of both hydrocarbons and fishery resources. The legal principles to be applied in matter of conservation and management of ocean resources make it a necessity for the parties to that agreement to broaden their views over cooperation and to consider instead a regional framework, rather than a bilateral one, in order to efficiently meet the economic and environmental set forth in their viii agreement. The newly created Gulf of Guinea Commission may serve as such a subregional framework for cooperation on maritime issues. LIST OF ACRONYMS CLCS : Commission on the Limits of the Continental Shelf DOALOS : Division for Ocean Affairs and the Law of the Sea EAF : Ecosystem Approach to Fisheries EEZ : Exclusive Economic Zone FAO : Food and Agriculture Organization GEF : Global Environment Facility JDZ : Joint Development Zone JPDA : Joint Petroleum Development Area LME : Large Marine Ecosystem LOSC : United Nations Law of the Sea Convention MSY : Maximum Sustainable Yield OSY : Optimum Sustainable Yield PACM : Precautionary Approach to Conservation and Management TAC : Total Allowable Catch UN : United Nations WSSD : World Summit on Sustainable Development GGC : Gulf of Guinea Commission UN/OLA : UN Office of Legal Affairs STP : Sao Tome and Principe N/STP : Nigeria and Sao Tome and Principe N/STP JDZ : Joint Development Zone between Nigeria and Sao Tome and Principe I.C.J. : International Court of Justice ix x LIST OF MAPS Maps : - Map 1 : Cameroon’s 1998 Equitable Line claim in the Gulf of Guinea Map 2 : The N/STP JDZ in the Gulf of Guinea - Map3 : Overlapping Maritime Claims: the JDZ and Cameroon’s Equitable Line - Map 4 : Annexe 8 of Cameroon’s Preliminary Information Indicative of the outer limits of its Continental Shelf submitted before the CLCS on 11 Mai 2009 in accordance with document SPLOS/183 Appendices: 1. Two claim lines materializing a possible JDZ between China and Japan in the East China Sea 2. Claims from Nigeria, Equatorial Guinea and Sao Tome and Principe and the disadvantageous median position of Cameroon. 3. The Bissau Guinea/Senegal JDZ. 4. The Japan-South Korea JDZ. 5. The Australia Indonesia Zone of Cooperation. 6. The Colombia-Jamaica JDA. 7. The Kuwait Saudi Arabia Neutral Zone 8. The Bahrain –Saudi Arabia JDZ 9. The Sudan-Saudi Arabia Common Zone 10. The JDZ between France and Spain in the Bay of Biscay 11. The Argentina-United Kingdom Special Area xi 12. The Iceland-Norway Joint Development Area 13. The Libya-Tunisia Joint Exploration Zone 14. Abu Musa Island 15. The Malaysia- Thailand Joint Development Area and Malaysia-Vietnam Defined Area. 16. The Barbados-Guyana 2003 JDZ according to a map produced in 2005 by Barbados before an arbitral tribunal 17. The N/STP JDZ and Cameroon’s EEZ and Extended Continental Shelf areas according to a map produced in 2005 by Barbados before an arbitral tribunal 18. The blue area where Cameroon claims an Extended Continental Shelf in the Gulf of Guinea 19.
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