Emerging Challenges to the African Boundary Treaties with a particular focus of the Application of Principle of uti possidetis
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Date
2014-05
Authors
Worku, Takele
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Publisher
Addis Ababa University
Abstract
The adoption of territorial integrity principle by the Organization of African Unity was not an easy
decision. Since the continent was extremely divided by the limitless interests of European colonialists,
there were politicians and scholars who were calling for revising and redefining these boundaries. With
assumption of the tangibility of colonial boundaries and the commitment to save the continent from
disintegration during independence, the organization adopted the principle which accepts colonial
administrative boundaries as international boundaries of African newly independent states.
The principle however did not escape from criticism in the past decades for its failure to prevent boundary
conflict and ensure peace and stability as it was initially aspired. In this paper, the researcher has
endeavoured to examine the general nature of African boundary related treaties, the shortcomings of the
application of the principle and the new challenges of the boundaries and the principle.
The finding of the research shows that the African colonial boundary treaties are questionable as to their
tangibility and certainty. The boundaries are results of continuous multilateral and bilateral treaties of
colonialists. Their certainty is very questionable. The purposes and objectives of the treaties of the
boundaries were ensuring competing interests of colonialists against the interest s of Africans and their
legality is also challengeable. Implementing these over century old boundary related treaties at these days
are becoming difficult due to their vagueness and contradiction to the practical situation of borders. The
application of territorial integrity /uti possidetis principle adapted by OAU to identify and transfer the
colonial boundaries found to be illusive, incomplete and vulnerable to unrestricted interpretation of ICJ.
The principle is critically tested by new challenges such as secession and demarcation in its failure to
accommodating new developments around borders since independence.
The issue is continental and further research is very necessary. The practice of the application of the
principle (ut ipossidetis) should not be the only boundary establishing mechanism and it need to be
equally supported by other asserting mechanisms principle such as effective control, public
administration, etc. Expanding democracy and encouraging the application of internal self- determination
is critical to avoid secession before it became threat of boundary. The need to border integration should
not be postponed not only to reduce boundary problems but it is a base for other integrations. ICJ’s
interpretation trend focusing only on seeking the purpose and intention of parties of the treaty need
intervention and change. There has to be a kind of effective type of interpretation since the disputants of
boundaries were not parties of the treaties.
Key terms: boundary, uti possidetis, ICJ, critical-date, secession, territorial integrity
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Keywords
boundary, uti possidetis, ICJ, critical-date, secession, territorial integrity