International Law and Boundary Disputes in Africa


Book Description

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.







African Boundary Problems


Book Description




Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea


Book Description

A surprising number of maritime boundaries remain unresolved, and a range of reasons can be cited to explain why the process of delimiting these boundaries has been so slow. This volume addresses and analyzes some of these reasons, focusing on some of the volatile disputes in Northeast Asia and in North America. Scholars from Asia, the United States, and Europe grapple with festering controversies and apply insights gained from resolved disputes to those that remain unresolved. Islands continue to haunt this process, and the way in which they should affect maritime boundaries remains in dispute. The United States has a number of disputed boundaries with its neighbors to the north and south, and these are examined. Antarctica is a concern of all nations, and the regimes governing the Southern Ocean surrounding Antarctica are analyzed. The International Tribunal for the Law of the Sea was created to allow countries to resolve their disputes peacefully, and two chapters look at how this new court is operating. The impact of sea-level rise on maritime boundaries is given special attention in the opening chapter. This volume presents a wonderful collection of provocative chapters written by the top scholars in the field of International Ocean Law. It should help scholars, students, and decision makers to understand the current state of this field and to move some of the difficult disputes toward resolution.




Boundaries and Secession in Africa and International Law


Book Description

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.







Maritime Delimitation


Book Description

The delimitation of maritime zones is an important requirement for peaceful relations between neighbouring States. There are numerous examples of areas between States with opposite or adjacent coasts where sovereignty over an island or territory may not be contested but the delimitation of the continental shelf and exclusive economic zone is still pending. Under the Law of the Sea Convention, the delimitation of these zones shall be effected by agreement on the basis of international law. However, the Convention does not offer a definitive answer as to the methods that should be applied. This publication includes contributions by Judges of the International Tribunal for the Law of the Sea, eminent scholars and experienced practitioners. The papers deal with various aspects of maritime delimitation: the jurisprudence of international courts and tribunals and their relevance for delimitation, the impact of the Law of the Sea Convention, the role of legal practitioners and diplomatic negotiators, and delimitation under particular geological circumstances and in geographically complex regional situations. It is designed to provide insight and guidance to the complicated process of maritime delimitation.




International Frontiers and Boundaries


Book Description

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.







Cross-Border Resource Management


Book Description

This essay is about the management of natural and environmental resources in cross-border areas. It explores a group of geographical, political, legal, economic and cultural factors that arise when political units (such as sovereign countries, dependent states and other administrative units) seek to utilize natural and environmental resources efficiently and equitably while minimizing the resultant damages (for example, prevention of resource degradation and preservation of the physical environment). * Examines various types of cross-border areas at both international and sub-national levels throughout the world as well as their geographical, political, economic and cultural influences on the cross-border resource management * Uses the latest international and area data, resulting in new findings for cross-border environmental activities * Contains a large number of case studies throughout the world including four in-depth case studies of cross-border resource management