Separate Opinion of Judge Ajibola
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SEPARATE OPINION of JUDGE AJIBOLA (I
SEPARATE OPINION OF JUDGE AJIBOLA (i) Delimitution or Attribution 1. 1 am generally in agreement with the Judgment of the Court, espe- cially with its finding that the Treaty of Friendship and Good Neigh- bourliness between the French Republic and the United Kingdom of Libya of 10 August 1955 in effect determines the boundary dispute between the Great Socialist People's Libyan Arab Jamahiriya (herein- after called "Libya") and the Republic of Chad (hereinafter called "Chad"). Primarily, this finding definitively settles the initial but funda- mental differences between the Parties as to whether this is a case of delimitation or of attribution. 2. Libya, in its notification to the Court, urged it "to decide upon the limits of their respective territories in accordance with the rules of international law applicable in the matter" (empha- sis added); while Chad in its own notification asked the Court to "determine the course of the frontier between the Republic of Chad and the Libyan Arab Jamahiriya, in accordance with the principles and rules of international law applicable in the matter as between the Parties" (emphasis added). 3. In effect, while Chad requested the Court to resolve a boundary or frontier dispute, Libya urged it to decide a territorial dispute. In the recent Lund, Islund und Muritime Frontier Dispute case (El Sulvur/or/Hon- durus: Nic.uruguu interivning) (I.C.J. Reports 1992, p. 351), where no boundary had been determined in several areas of the land territory con- cerned. the Chamber of the Court dealt with the conflictingu territorial clairns of the parties first and subsequently carried out a delimitation exercise as a normal judicial assignment. -
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SEPARATE OPINION of JUDGE AJIBOLA (I) Delimitution
SEPARATE OPINION OF JUDGE AJIBOLA (i) Delimitution or Attribution 1. 1 am generally in agreement with the Judgment of the Court, espe- cially with its finding that the Treaty of Friendship and Good Neigh- bourliness between the French Republic and the United Kingdom of Libya of 10 August 1955 in effect determines the boundary dispute between the Great Socialist People's Libyan Arab Jamahiriya (herein- after called "Libya") and the Republic of Chad (hereinafter called "Chad"). Primarily, this finding definitively settles the initial but funda- mental differences between the Parties as to whether this is a case of delimitation or of attribution. 2. Libya, in its notification to the Court, urged it "to decide upon the limits of their respective territories in accordance with the rules of international law applicable in the matter" (empha- sis added); while Chad in its own notification asked the Court to "determine the course of the frontier between the Republic of Chad and the Libyan Arab Jamahiriya, in accordance with the principles and rules of international law applicable in the matter as between the Parties" (emphasis added). 3. In effect, while Chad requested the Court to resolve a boundary or frontier dispute, Libya urged it to decide a territorial dispute. In the recent Lund, Islund und Muritime Frontier Dispute case (El Sulvur/or/Hon- durus: Nic.uruguu interivning) (I.C.J. Reports 1992, p. 351), where no boundary had been determined in several areas of the land territory con- cerned. the Chamber of the Court dealt with the conflictingu territorial clairns of the parties first and subsequently carried out a delimitation exercise as a normal judicial assignment.