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Implementation of Treaties in Nigeria and the Status Question: Whither Nigerian Courts?

Implementation of Treaties in Nigeria and the Status Question: Whither Nigerian Courts? ∗ I. INTRODUCTION No doubt countries which are geographically far apart are becoming increasingly interconnected and interdependent; sovereign privacy is gradually being obliterated as the high walls of nationalism continue to give way to internationalism: events which up to the middle of the twentieth century, were private and internal to the sovereign, are now the focus of international action. This result is the product of the unity created by both bilateral and multilateral treaties geared towards the common good of the international community. Indeed, more than ever before, treaties are playing fundamental roles in both the internal governance and the external relations of sovereign states. As a consequence, matters, which hitherto were the exclusive preserve of municipal law are now covered by treaties, which in the words of Abram and Antonio Chayes, ‘are formally among states, and the obligations are cast as state obligations . . . the real object of the treaty . . . is not to affect state behaviour but to regulate the activities of individuals and private entities’.1 Accordingly, one cannot but agree with John C. Yoo that: Relationships and problems which were once domestic, such as economics and environment have become international in http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Implementation of Treaties in Nigeria and the Status Question: Whither Nigerian Courts?

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2009
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/E0954889009000425
Publisher site
See Article on Publisher Site

Abstract

∗ I. INTRODUCTION No doubt countries which are geographically far apart are becoming increasingly interconnected and interdependent; sovereign privacy is gradually being obliterated as the high walls of nationalism continue to give way to internationalism: events which up to the middle of the twentieth century, were private and internal to the sovereign, are now the focus of international action. This result is the product of the unity created by both bilateral and multilateral treaties geared towards the common good of the international community. Indeed, more than ever before, treaties are playing fundamental roles in both the internal governance and the external relations of sovereign states. As a consequence, matters, which hitherto were the exclusive preserve of municipal law are now covered by treaties, which in the words of Abram and Antonio Chayes, ‘are formally among states, and the obligations are cast as state obligations . . . the real object of the treaty . . . is not to affect state behaviour but to regulate the activities of individuals and private entities’.1 Accordingly, one cannot but agree with John C. Yoo that: Relationships and problems which were once domestic, such as economics and environment have become international in

Journal

African Journal of International and Comparative LawEdinburgh University Press

Published: Sep 1, 2009

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