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Frontier Dispute

International Court of Justice.  16 April 2013 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International Court of Justice — Jurisdiction — Compromis — Delimitation — Request to include agreement between Parties in operative part of Court’s decision — Judicial function of Court — Definition of dispute — Whether lack of formalization of agreement relevant to existence of dispute — Whether recording agreement of Parties would be outside the judicial function of Court — Article 38(1) of Statute of the Court

Territory — Boundaries — Demarcation — Boundaries between units of same colonial empire — Boundaries of former colonies — Uti possidetis — Organization of African Unity resolution on post-colonial boundaries — Whether to be equated with uti possidetis — Interpretation of colonial legislation regarding boundary — Burkina Faso and Niger — Relevance of map — Effectivités — Impact of boundary decision on population of border area

Rivers — River boundary — Whether frontier located on bank of river or along median line — Access of population to water resources

General principles of international law — Principle of intangibility of boundaries inherited from colonization — Whether effectivités can be used to contradict a legal title — Equity — Role of equity in delimitation

Type
Case Report
Copyright
© Cambridge University Press 2020

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Frontier Dispute
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