Cameroon’s liability for downstream damage by waters from its Lagdo dam

Abstract

Contemporary conception of sovereignty as both a right and a duty is best exemplified within the framework of state responsibility for injurious extra- territorial effects of lawful acts executed within a local territorial jurisdiction. Recurrent damage caused in Nigeria by flooding resulting from Cameroon’s  operation of its Lagdo Dam provides the context for this paper which seeks to establish a framework for Cameroon’s liability for downstream damage  caused by waters from its Lagdo Dam. This paper examined theories of riparian rights and found that despite existence of the theories of absolute  territorial sovereignty, absolute territorial integrity, and theory of prior use, the principle of good neighbourliness currently provides the overarching  structure for the relationship of riparian states inter se. The paper examined the rights and duties of riparian states and found that in accordance with  the principle of good neighbourliness, the basic rule for utilization of international rivers requires that such use must be in a manner which is not  detrimental to other riparian states. The paper considered the basic principles of state responsibility and disclosed that every internationally wrongful act  of a State entails international responsibility of that State. From this perspective, the paper looked at the basis for Cameroon’s liability for  downstream damage caused by operation of its Lagdo Dam, and found a clear basis for attribution for injury, damage and damages suffered in Nigerian territory by Cameroon’s imprudent exercise of its sovereign powers within its territory. The paper concluded that Cameroon has a duty to immediately  refrain from causing further downstream damage, and this duty is not dependent on whether a demand to that effect is made by Nigeria. Cameroon also  has duty to make reparations. This duty is however dependent on a demand by Nigeria.