International Law And Boundary Disputes In Africa

Author : Gbenga Oduntan
Publisher : Routledge
Page : 428 pages
File Size : 54,8 Mb
Release : 2015-06-26
Category : Law
ISBN : 9781135039554

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International Law and Boundary Disputes in Africa by Gbenga Oduntan Pdf

Africa has experienced a number of territorial disputes over land and maritime boundaries, due in part to its colonial and post-colonial history. This book explores the legal, political, and historical nature of disputes over territory in the African continent, and critiques the content and application of contemporary International law to the resolution of African territorial and border disputes. Drawing on central concepts of public international law such as sovereignty and jurisdiction, and socio-political concepts such as colonialism, ethnicity, nationality and self-determination, this book interrogates the intimate connection that peoples and nations have to territory and the severe disputes these may lead to. Gbenga Oduntan identifies the major principles of law at play in relation to territorial, and boundary disputes, and argues that the predominant use of foreign based adjudicatory mechanisms in attempting to deal with African boundary disputes alienates those institutions and mechanisms from African people and can contribute to the recurrence of conflicts and disputes in and among African territories. He suggests that the understanding and application of multidisciplinary dispute resolution mechanisms and strategies can allow for a more holistic and effective treatment of boundary disputes. As an in depth study into the legal, socio-political and anthropological mechanisms involved in the understanding of territorial boundaries, and a unique synthesis of an African jurisprudence of international boundaries law, this book will be of great use and interest to students, researchers, and practitioners in African and Public International Law, International Relations, and decision-makers in need of better understanding the settlement of disputes over territorial boundaries in both Africa and the wider world.

Author : Marcelo G. Kohen,Mamadou Hébié
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 41,7 Mb
Release : 2018-10-26
Category : Law
ISBN : 9781782546870

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Research Handbook on Territorial Disputes in International Law by Marcelo G. Kohen,Mamadou Hébié Pdf

Territorial disputes remain a significant source of tension in international relations, representing an important share of interstate cases brought before international tribunals and courts. Analysing the international law applicable to the assessment of territorial claims and the settlement of related disputes, this Research Handbook provides a systematic exposition and in-depth discussions of the relevant key concepts, principles, rules, and techniques. Combining extensive knowledge from across international law, Marcelo Kohen and Mamadou Hébié expertly unite a multinational group of contributors to provide a go-to resource for the settlement of territorial disputes. The different chapters discuss the process through which states establish sovereignty over a territory, and review the different titles of territorial sovereignty, the relation between titles and effectivités, as well as the relevance of state conduct. Select chapters focus on the impact of foundational principles of international law such as the principle of territorial integrity, the right of self-determination and the prohibition of the threat or use of force, on territorial disputes. Finally, technical rules that are crucial for the assessment of territorial claims, especially the techniques of intertemporal law and critical date, as well as evidentiary rules, are presented. An essential resource for practitioners, international law academics and public officials including judges and arbitrators, this Research Handbook is a highly original collection of scholarship and research on territorial disputes and their settlement.

Author : A. Oye Cukwurah
Publisher : Manchester University Press
Page : 332 pages
File Size : 51,8 Mb
Release : 1967
Category : Boundaries
ISBN : 8210379456XXX

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The Settlement of Boundary Disputes in International Law by A. Oye Cukwurah Pdf

Author : Pippie Hugues
Publisher : GRIN Verlag
Page : 111 pages
File Size : 41,9 Mb
Release : 2021-07-22
Category : Law
ISBN : 9783346444707

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Interstate border disputes in Africa and their resolution. The case of Ethiopia/Eritrea and Sudan/South Sudan by Pippie Hugues Pdf

Master's Thesis from the year 2018 in the subject Law - Miscellaneous, grade: A, University of Buea (faculty of laws and political science), course: LLM, language: English, abstract: The purpose of this research is to critically examine the resolution of interstate border disputes in Africa. In doing so, the disputes between Sudan and South Sudan over the Abyei and Heglig zones and the dispute between Ethiopia and Eritrea over Badme will be the main focus of the study. The main research question is: How effective are the laws and mechanisms put in place to resolve interstate border disputes in Africa? Africa as a continent is covered with a lot of interstate border disputes. It is true that international law has always considered as one of its fundamental purposes the maintenance of peace. Disputes are inevitable and no matter their nature, they are often accepted as a regular part of human relations. The major problem is always how to resolve them. The history of the African continent is characterized by interstate border disputes, which usually occurs around the border between two states, but also involve many other states. Most of the interstate disputes occur after the states become independent, when each becomes eager to know and secure its territorial boundaries with neighbours.

Author : Jeremy I Levitt
Publisher : Bloomsbury Publishing
Page : 350 pages
File Size : 40,8 Mb
Release : 2008-03-31
Category : Law
ISBN : 9781847314178

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Africa by Jeremy I Levitt Pdf

The principal aim of this work is to provide a forum for leading international lawyers with experience and interest in Africa to address a broad range of intellectual challenges concerning the contribution of African states and peoples to international law. As such, the volume addresses orthodox topics of international law - such as jurisdiction and intervention - but tackles them from an African perspective, and seeks to ask whether, in each case, the African perspective is unique or affirms existing arrangements of international law. The book cannot come at a more important time. While international legal discourse has been captured by the challenge of terrorism since September 11, 2001, there are clear signs that other issues are returning to the fore. Political interest in Africa has undergone a global revival, and the OAU has been transformed into the African Union. Infrastructural challenges, along with those taking place in regional contexts, have effectively mapped a new politico-legal landscape for Africa. This, and more, is explored, and the key normative questions are addressed in a series of essays by leading Africanist scholars. 'This is a remarkable collection of essays that clearly and concisely demonstrates that Africa has and will continue to play a major role in fashioning new norms of international law and policy and contribute to its progressive development by affirming existing norms. Professor Levitt is to be commended for having the vision, leadership and intellectual prowess to produce this excellent text. The book signals a major shift from the study of Africa as a basket case to a normative market place.' Akua Kuenyehia, Vice President, International Criminal Court 'Professor Levitt's work, Africa: Mapping New Boundaries in International Law, is pathbreaking in the true sense of that word. Through old and new voices, it excavates the singular contributions of Africa to a discipline that is marked by Eurocentrism and imperial aspirations. The authors, taking their cue from the indefatigable and insightful Professor Levitt, establish beyond a shadow of a doubt the enormity of the normative contributions that Africa has made to international law. The book must therefore be seen as a defining contribution to the multiculturalization of international law. It is for this reason that Professor Levitt is among the most important American academics working and thinking in international law today.' Makau Mutua, Interim Dean, SUNY Distinguished Professor, State University of New York Buffalo Law School

Author : J. R. John Robert Victor Prescott,Gillian Gillian Doreen Triggs
Publisher : Martinus Nijhoff Publishers
Page : 517 pages
File Size : 51,9 Mb
Release : 2008
Category : Law
ISBN : 9789004167858

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International Frontiers and Boundaries by J. R. John Robert Victor Prescott,Gillian Gillian Doreen Triggs Pdf

International frontiers and boundaries separate land, rivers and lakes subject to different sovereignties. Frontiers are "zones" of varying widths and they were common many centuries ago. By 1900 frontiers had almost disappeared and had been replaced by boundaries that are lines. The divisive nature of frontiers and boundaries has formed the focus of inter-disciplinary studies by economists, geographers, historians, lawyers and political scientists. Scholars from these disciplines have produced a rich literature dealing with frontiers and boundaries. The authors surveyed this extensive literature and the introduction reveals the themes which have attracted most attention. Following the introduction the book falls into three sections. The first section deals systematically with frontiers, boundary evolution and boundary disputes. The second section considers aspects of international law related to boundaries. It includes chapters dealing with international law and territorial boundaries, maps as evidence of international boundaries and river boundaries and international law. The third section consists of seven regional chapters that examine the evolution of boundaries in the Americas, the Middle East, Africa, Asia, Europe, islands off Southeast Asia and Antarctica.

Author : Rongxing Guo
Publisher : Unknown
Page : 140 pages
File Size : 50,6 Mb
Release : 2009
Category : Africa
ISBN : STANFORD:36105215293544

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The Land and Maritime Boundary Disputes of Africa by Rongxing Guo Pdf

Land and maritime boundary disputes refer to disputes over the division of land or water bodies among two or more independent countries. The boundary disputes may evolve from historical and/or cultural claims, or they may be brought on by competition of resource exploitation. This book presents up-to-date information about the land and maritime boundary disputes of Africa. In each entry the causes of and consequences of the boundary dispute as well as the experiences and lessons of existing conflict-resolution efforts are briefly described. This book proves useful to researchers with a concern of boundary demarcation and of existing boundary disputes, as well as to policymakers seeking measures in order to minimise or reduce the risk of conflicts and wars stemming from territorial disputes.

Author : Surya Prakash Sharma
Publisher : Unknown
Page : 348 pages
File Size : 42,7 Mb
Release : 1976
Category : Boundaries
ISBN : UCAL:B3186702

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International Boundary Disputes and International Law by Surya Prakash Sharma Pdf

Author : Dirdeiry M. Ahmed
Publisher : Cambridge University Press
Page : 321 pages
File Size : 50,9 Mb
Release : 2015-12-11
Category : History
ISBN : 9781107117983

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Boundaries and Secession in Africa and International Law by Dirdeiry M. Ahmed Pdf

This book challenges the central assumption of the law of territory by establishing that uti possidetis is not a general principle of law, and arguing that African customary rules were generated. It includes in-depth coverage of African secession, with issues of human rights law, self-determination and political science presented in a new light.

Author : Rongxing Guo
Publisher : Unknown
Page : 0 pages
File Size : 49,9 Mb
Release : 2009
Category : Africa
ISBN : 1607416298

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The Land and Maritime Boundary Disputes of Asia by Rongxing Guo Pdf

Land and maritime boundary disputes refer to disputes over the division of land or water bodies among two or more independent countries. The boundary disputes may evolve from historical and/or cultural claims, or they may be brought on by competition of resource exploitation. This book presents up-to-date information about the land and maritime boundary disputes of Asia. In each entry the causes of and consequences of the boundary dispute as well as the experiences and lessons of existing conflict-resolution efforts are briefly described. This book proves useful to researchers with a concern of boundary demarcation and of existing boundary disputes, as well as to policymakers seeking measures in order to minimise or reduce the risk of conflicts and wars stemming from territorial disputes.

Author : Justice Mbuh
Publisher : Unknown
Page : 0 pages
File Size : 55,7 Mb
Release : 2004
Category : Law
ISBN : 0595297072

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International Law and Conflicts by Justice Mbuh Pdf

Like his first book Inside Contemporary Cameroun Politics (Authorhouse, 2004, unpublished), Justice M. Mbuh once again draws the attention of readers and researchers on the abuse of human rights and international law that accompany political manipulations in international organizations, especially in the International Court of Justice (ICJ) as nations fight or attempt making peace with one another via Courts. The author is perhaps the first to draw our attention from his MA Thesis to this now refurbished work to the riches and delicate political balance that exist in the African Sub-region known as Gulf of Guinea. Moving from general to specific conflict investigation and analyses-from Kashmir, Palestine through the Temple of Preah Vihear to Thirteen African Conflicts or Hotspots (including the Bakassi Peninsula Border Dispute between Cameroun and Nigeria), the author draws a delicate balance between the said conflict and the domestic economic and political realities of the two lead belligerents. Underlying his assumptions and analyses, is his unquenching ability to defend the right to self-determination of all peoples. He once again dares to uphold the fact that the dispute is first a question of understanding the frictional relationship between the myth of the "Two Cameroons"-Ambazonia (Southern Cameroons) and Cameroun, before that of the sovereignty over the swampy, oil-rich peninsula. Above all, the author takes the reader through well defined stages of escalation and dispute resolution, as far as the particular core case study is concerned, while at the same time revealing how vital evidence was suppressed at the ICJ.

Author : Malcolm Nathan Shaw
Publisher : Unknown
Page : 456 pages
File Size : 40,5 Mb
Release : 1986
Category : Business & Economics
ISBN : UOM:39015014746625

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Title to Territory in Africa by Malcolm Nathan Shaw Pdf

The territorially-based view of international law remains the fundamental model and is subscribed to by third world states. This study analyzes the colonial acquisition of African territory with particular reference to the evolution of the principles of self-determination and its impact upon the law relating to territory.

Author : Peter Radan
Publisher : Routledge
Page : 562 pages
File Size : 54,6 Mb
Release : 2004-01-14
Category : Political Science
ISBN : 9781134525454

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The Break-up of Yugoslavia and International Law by Peter Radan Pdf

The demise of the former Yugoslavia was brought about by various secessionist movements seeking international recognition of statehood. This book provides a critical analysis from an international law perspective of the break-up of Yugoslavia. Although international recognition was granted to the former Yugoslav republics of Slovenia, Croatia, Bosnia-Hercegovina and Macedonia, the claims of secessionist movements that sought a revision of existing internal federal borders were rejected. The basis upon which the post-secession international borders were accepted in international law involved novel applications of international law principles of self-determination of peoples and uti possidetis. This book traces the developments of these principles, and the historical development of Yugoslavia's internal borders.

Author : Edwin E. Egede,Mark Osa Igiehon
Publisher : Routledge
Page : 182 pages
File Size : 55,8 Mb
Release : 2017-12-14
Category : Law
ISBN : 9781317040743

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The Bakassi Dispute and the International Court of Justice by Edwin E. Egede,Mark Osa Igiehon Pdf

On the 10th of October 2002 the International Court of Justice delivered the Bakassi decision, which, amongst other things, excised the resource rich land and maritime territory of Bakassi from Nigeria and transferred its legal title to Cameroon. These two countries under the auspices of the United Nations established the mechanism of the Cameroon-Nigeria Mixed Commission to honour and implement their obligations under the ICJ decision. Over a decade after the ICJ decision this volume brings together academics and practitioners to assess the impact of this decision and the challenges and issues that have been raised in the course of its implementation. Hailed by some as a model of preventive diplomacy and a blueprint for the future, this timely assessment illuminates the difficulties in imposing such controversial decisions and considers whether this type of Mixed Commission is an adequate mechanism for implementing them.

Author : A. I. Asiwaju
Publisher : Unknown
Page : 206 pages
File Size : 51,6 Mb
Release : 2009
Category : Bakasi Peninsula (Cameroon)
ISBN : STANFORD:36105131241999

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Peaceful Resolution of African Boundary Conflicts by A. I. Asiwaju Pdf