Hostname: page-component-5d59c44645-mhl4m Total loading time: 0 Render date: 2024-03-01T07:05:25.199Z Has data issue: false hasContentIssue false

The International Court of Justice Judgment in the Benin–Niger Border Dispute: The Interplay of Titles and ‘Effectivités’ under the Uti Possidetis Juris Principle

Published online by Cambridge University Press:  09 January 2006

Abstract

The chamber of the ICJ entrusted with solving the Benin–Niger dispute based its judgment on the colonial heritage left to the two countries at the time of their independence, as prescribed by the uti possidetis juris principle. The dispute actually stemmed from that heritage: the chamber's role was to interpret and clarify it. But while the uti possidetis juris principle underlines border stability, features such as river boundaries, because of their intrinsic movable nature, can put this stability under intense strain. The judgment lends itself to further reflections on this dichotomy, since the disputed areas revolved around two rivers.

Type
HAGUE INTERNATIONAL TRIBUNALS: International Court of Justice
Copyright
2005 Foundation of the Leiden Journal of International Law

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)