Case Concerning The Frontier Dispute (Burkina Faso and Mali)

Title: Case Concerning The Frontier Dispute (Burkina Faso and Mali)

Description:

440Territory — Boundaries — Principles of delimitation — Dispute between States formerly part of the same colonial empire — Principle of uti possidetis juris — Establishment of boundaries between administrative units of former colonial empire — Critical date — Relevance of acts of administration following independence — Cartographic evidence — Significance — Equitable considerations — Equity infra legem — Estoppel — Acquiescence in existing boundary — Statements accepting proposed boundary — Legal effects Territory — Self-determination — Nature of right to self-determination — When right exercised — Decolonization — Principle of uti possidetis juris State succession — Territory — Units of former colonial empire becoming independent States — Succession to administrative boundaries of former colonies — Principle of uti possidetis juris — Acceptance of boundaries by former colonial administrations Sources of international law — Acquiescence and protest — Relevance in boundary dispute — Whether establishing rules of law to be applied by international tribunal — Estoppel — Unilateral declaration — Circumstances in which unilateral declaration legally binding — Equity — Equity infra legem — Relevance in boundary dispute — Land boundary — Determination of relevant equitable considerations International Court of Justice — Chamber — Constitution of Chamber — Dispute referred to Chamber by Special Agreement — Interim measures of protection — Outbreak of armed conflict between Parties to case before the Court — Nature of appropriate interim measures — Relationship between the role of the Court indicating interim measures and the terms of the ceasefire agreed between the Parties — Whether terms of interim measures amount to pre-judgment of merits — Law to be applied by Court — Effect of acceptance of principle by a Party — Whether precluding Court from applying contrary principle Treaties — Unilateral declaration — When binding upon State making declaration War and armed conflict — Cessation of active hostilities — Ceasefire agreement — Indication of interim measures by International Court of Justice — Court already seised of dispute before outbreak of hostilities.