Hostname: page-component-78c5997874-4rdpn Total loading time: 0 Render date: 2024-11-06T06:07:07.909Z Has data issue: false hasContentIssue false

Frontier Dispute

International Court of Justice.  16 April 2013 .

Published online by Cambridge University Press:  01 January 2021

Get access

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

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.)