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/lp/brill/between-intangibility-and-uti-possidetis-the-debate-on-title-to-u3ct3Rsf3W
- Publisher
- Brill
- Copyright
- Copyright © Koninklijke Brill NV, Leiden, The Netherlands
- eISSN
- 2211-6176
- DOI
- 10.1163/22116176_02401010
- Publisher site
- See Article on Publisher Site
Abstract
This article argues that even as the ICJ missed the opportunity availed in Burkina Faso v. Niger to re-examine its ruling in the Frontier Dispute that applied uti possidetis juris to the African continent, the separate opinion of Judge Yusuf puts in focus the current debate on the title to territory in Africa. The engaging issues of this vibrant debate include (i) equating uti possidetis juris with the African rule of intangibility of inherited frontiers, (ii) how the African state acquired title to territory, (iii) whether uti possidetis is indispensable as a mechanism for ascertaining boundaries, (iv) the methodology and advantage of differentiating between frontier and territory claims in Africa, (v) the relationship between title and effectivités, and (vi) the continuum juris between international law and colonial law. The article argues that while those issues are intractable under the assumption of equating uti possidetis and the African principle, they could be efficiently addressed when the rule of intangibility of inherited frontiers is applied as a distinct African customary law doctrine. In addition, the article examines Burkina Faso v. Niger as a case study for applying the rule of intangibility of inherited frontiers.
Journal
African Yearbook of International Law Online – Brill
Published: Dec 19, 2019