International Law and Boundary Disputes in Africa
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International Law and Boundary Disputes in Africa 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 mecha- nisms involved in the understanding of territorial boundaries, and a unique synthesis of African jurisprudence of international boundaries law, this book will be of great use and interest to students, researchers, and practitioners in African diplomacy, Public International Law, International Relations, and decision- makers in need of a better understanding of the settlement of disputes over territorial boundaries in Africa and indeed the wider world. Gbenga Oduntan is Senior Lecturer in International Commercial Law at the University of Kent, UK. Routledge Research in International Law Available: International Law and the Third International Organizations World and the Idea of Autonomy Reshaping Justice Institutional Independence in the Edited by Richard Falk, Balakrishnan International Legal Order Rajagopal and Jacqueline Stevens Edited by Richard Collins and Nigel D. White International Legal Theory Essays and Engagements, 1966–2006 Self-Determination in the Nicholas Onuf Post-9/11 Era Elizabeth Chadwick The Problem of Enforcement in International Law Participants in the International Countermeasures, the Non-Injured Legal System State and the Idea of Multiple Perspectives on Non-State International Community Actors in International Law Elena Katselli Proukaki Jean d’Aspremont International Economic Actors Sovereignty and Jurisdiction and Human Rights in the Airspace and Outer Adam McBeth Space Legal Criteria for Spatial The Law of Consular Access Delimitation A Documentary Guide Gbenga Oduntan John Quigley, William J. Aceves and S. Adele Shank International Law in a Multipolar World State Accountability under Edited by Matthew Happold International Law Holding States Accountable for a The Law on the Use of Force Breach of Jus Cogens Norms A Feminist Analysis Lisa Yarwood Gina Heathcote The ICJ and the Development of Regional Maintenance of International Law Peace and Security under The Lasting Impact of the Corfu International Law Channel Case The Distorted Mirror Edited by Karine Bannelier, Théodore Dace Winther Christakis and Sarah Heathcote International Law-Making UNHCR and International Essays in Honour of Jan Klabbers Refugee Law Edited by Rain Liivoja and From Treaties to Innovation Jarna Petman Corinne Lewis Resolving Claims to Asian Approaches to Self-Determination International Law and the Is There a Role of the International Legacy of Colonialism Court of Justice? The Law of the Sea, Territorial Andrew Coleman Disputes and International Dispute The Rise of Tamil Separatism Settlement in Sri Lanka Edited by Jin-Hyun Paik, Seok-Woo Lee, From Communalism to Secession Kevin Y L Tan Gnanapala Welhengama and Nirmala Pillay The Right to Self-determination Under International Law The United Nations and “Selfistans,” Secession, and the Rule Collective Security of the Great Powers Gary Wilson Milena Sterio Justice for Victims before Reforming the UN Security the International Criminal Council Membership Court The Illusion of Representativeness Luke Moffett Sabine Hassler Public-Private Partnerships Threats of Force and Responsibility under International Law and Strategy International Law Francis Grimal A Global Health Perspective Lisa Clarke The Changing Role of Nationality in International Law Cultural Diversity in Edited by Alessandra Annoni and Serena International Law Forlati The Effectiveness of the UNESCO Convention on the Protection and Criminal Responsibility for the Promotion of the Diversity of Crime of Aggression Cultural Expressions Patrycja Grzebyk Edited by Lilian Hanania Incitement in International Law Technology and the Law on the Wibke K. Timmermann Use of Force New Security Challenges in the The Cuban Embargo under Twenty First Century International Law Jackson Maogoto El Bloqueo Nigel D. White International Law and Boundary Disputes in Africa Resisting United Nations Gbenga Oduntan Security Council Resolutions Sufyan Droubi The Changing Nature of Customary International Law Methods of Interpreting the Concept of Custom in International Criminal Tribunals Noora Arajärvi Forthcoming titles in this series include: Justice in International Law Power and Law in International The Legal, Political, and Moral Society Dimensions of Indigenous Peoples’ International Relations as the Rights Sociology of International Law Mauro Barelli Mark Klamberg Means of Transportation and The Responsibility to Protect in Registration of Nationality International Law Transportation Register by An Emerging Paradigm Shift International Organizations Susan Breau Vincent P. Cogliati-Bantz Legal Accountability and The International Criminal Britain’s Wars 2000-2014 Court in Search of its Purpose Peter Rowe and Identity Edited by Triestino Mariniello International Law and Boundary Disputes in Africa Gbenga Oduntan First published 2015 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN and by Routledge 711 Third Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2015 Gbenga Oduntan The right of Gbenga Oduntan to be identified as author of this work has been asserted by him in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data A catalog record has been requested for this book ISBN: 978-0-415-83892-4 (hbk) ISBN: 978-0-203-77684-1 (ebk) Typeset in Baskerville by Keystroke, Station Road, Codsall, Wolverhampton To Prince Bola Ajibola (SAN, KBE, CFR, D. Litt) – an outstanding jurist, adjudicator and statesman for dedication to the practice of international justice and inspiring thirst for greatness in younger generations. This page intentionally left blank Contents Acknowledgements xvii Introduction 1 1 Africa: Birthing the empire of law and concept of territory 6 1.1 International law and Africa 8 1.1.1 Racialism and European appropriation of the ‘common law of mankind’ 9 1.1.2 Why the House always wins 14 1.2 Eurocentricity and the applicable international boundary laws 16 2 Sovereignty, jurisdiction, territorial integrity and territorial acquisition in international law 23 2.1 Concept and forms of sovereignty 23 2.2 Globalisation vs territorial sovereignty 27 2.3 Jurisdiction within sovereignty 31 2.4 Westphalian vs indigenous sovereignty 33 2.5 The principle of territorial jurisdiction 36 2.6 Territory and territorial acquisition in public international law and international relations 38 2.6.1 Occupation 42 2.6.2 Cession 43 2.6.3 Accretion, erosion and avulsion 44 2.6.4 Conquest or annexation 44 2.6.5 Prescription 45 2.6.6 Renunciation or relinquishment 46 2.6.7 Adjudication 46 2.6.8 Abandonment and dereliction 46 2.6.9 Discovery 46 2.6.10 Papal grant 47 x Contents 3 Frontiers and boundaries in the context of international legal framework of territorial sovereignty and jurisdiction 50 3.1 The functionality of frontiers and boundaries 50 3.2 Natural vs artificial boundaries 52 3.3 Frontier vs boundary 53 4 Province of international boundary disputes determined 55 4.1 What are international boundary disputes? 55 4.2 Internal boundary disputes 63 4.3 Territorial vs boundary disputes 65 4.4 Frontiers, borders, fences and walls in law and international relations 69 4.4.1 Boundaries 69 4.4.2 Borders and borderlands 73 4.4.3 Fences and walls 75 4.5 Delimitation and demarcation juxtaposed 78 4.6 African delimitation and demarcation of boundaries in their historical, colonial and contemporary contexts 79 4.7 High power politics: legality and illegalities of the Berlin Conference