By Gbenga Oduntan
Africa has skilled a couple of territorial disputes over land and maritime barriers, due partly to its colonial and post-colonial heritage. This publication explores the felony, political, and old nature of disputes over territory within the African continent, and reviews the content material and alertness of latest foreign legislation to the answer of African territorial and border disputes.
Drawing on primary ideas of public foreign legislations akin to sovereignty and jurisdiction, and socio-political innovations equivalent to colonialism, ethnicity, nationality and self-determination, this ebook interrogates the intimate connection that peoples and countries need to territory and the critical disputes those could lead to. Gbenga Oduntan identifies the main ideas of legislations at play in terms of territorial, and boundary disputes, and argues that the major use of overseas dependent adjudicatory mechanisms in trying to take care of African boundary disputes alienates these associations and mechanisms from African humans and will give a contribution to the recurrence of conflicts and disputes in and between African territories. He means that the certainty and alertness of multidisciplinary dispute solution mechanisms and methods can let for a extra holistic and potent therapy of boundary disputes.
As a detailed examine into the felony, socio-political and anthropological mechanisms focused on the knowledge of territorial limitations, and a distinct synthesis of an African jurisprudence of overseas barriers legislations, this e-book should be of serious use and curiosity to scholars, researchers, and practitioners in African and Public foreign legislation, diplomacy, and decision-makers short of higher realizing the cost of disputes over territorial barriers in either Africa and the broader world.
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Sample text
495 (2007). 28 Many of the early European explorers mischievously construed Africa as essentially empty and an ‘unpeopled country’. The British American explorer of central Africa, Morton Stanley, exposed this unsatisfactory mindset in statements attributed to him in Hochschild’s work: ‘There are plenty of . . Pilgrim Fathers among the Anglo-Saxon race yet, and when America is filled up with their descendants, who shall say that Africa . . ’. In the true tradition of the European instinct of aggrandisement of his day, Stanley also said: ‘What a settlement one could have in this valley!
D. , p. 313. 22 Africa: Birthing the empire of law themselves. The expired docket of the International Court of Justice stands as irrefutable evidence of these. The African Union Boundary Programme has unearthed quite a number of these ambiguities and border questions. It is quite easy to predict that many more disputes will become apparent by the middle of this century. It is to the credit of African diplomacy that a lot of problems are being settled quietly through bilateral diplomacy and negotiations.
There can therefore be no question of even circuitously finding in contemporary international law any retroactive legitimation whatever 46 J. H. , p. 226. 47 Cited in V. Prescott and G. D. Triggs, International Frontiers and Boundaries: Law, Politics and Geography (Leiden: Martinus Nijhoff, 2008), p. 313. 48 Ibid p. 228. 49 ICJ Reports, 1986, p. 659, para. 3. ’50 The World Court has indeed in relation to African cases sought to clarify the function conferred on colonial law. ’51 In fact, it is not a question of legitimating a posteriori an institution which law and history have definitively classed among those which have been profoundly violent and unjust because of their violation of the dignity and freedoms of entire populations.