International Law and Boundary Disputes in Africa

429 Pages·2015·5.47 MB·English

by  Gbenga Oduntan

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.
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Forthcoming titles in this series include:
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and Identity
Edited by Triestino Mariniello
International Law
and Boundary
Disputes in Africa
Gbenga Oduntan
First published 2015
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© 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.
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ISBN: 978-0-415-83892-4 (hbk)
ISBN: 978-0-203-77684-1 (ebk)
Typeset in Baskerville by
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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.
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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