Ecolex Logo
El portal del
derecho ambiental
Resultados de la búsqueda » Jurisprudencia

Frontier Dispute (Benin/Niger)

País/Territorio
Benin
Tipo de la corte
Corte internacional
Fecha
Jul 12, 2005
Fuente
UNEP, InforMEA
Nombre del tribunal
International Court of Justice
Sede de la corte
The Hague
Juez
Ranjeva; Kooijams; Abraham; Bedjanoui; Bennouna
Materia
Agua
Resumen

The Frontier Dispute (Benin/Niger) case was filed in the International Court of Justice on May 3, 2002. Its purpose was to deal with the dispute concerning the delimitation of the international boundary between the Republic of Benin and the Republic of Niger, along the Niger River and its tributary Mekrou River. This included the determination of ownership of the islands located on the River Niger, particularly the island of Lété. In response to the Special Agreement signed on 15 June 2001 by Bénin and Niger, a special Chamber of the Court was set up, with two ad hoc judges, one chosen by each country, and Memorials of Understanding were submitted by both parties. The Chamber delivered its judgement on the 12 July 2005, with a dissenting opinion from ad hoc Judge Bennouna.

Considering the colonial context of the region and the belonging of both countries to French West Africa (FWA) until their independence in August 1960, the Chamber ruled following the principle of international law of Uti Posseditis Juris, or of intangibility of boundaries originating from colonial times, endorsing colonial administrative delimitations present at the time of independence as becoming the international border between Bénin and Niger. 

In relation to the establishment of the international border in the Niger River, the Chamber concluded that a modus vivendi was in place in the region concerned, establishing the main navigable channel of the river as intercolonial boundary. Following such principle, the Chamber found that Niger had authority over the waters and islands at the left of such channel established during colonial rule, while Bénin the right. In the River Mekrou, the boundary was established at the median line of the river course.

(Source: based on http://www.icj-cij.org/en/case/125)

 

 

Texto completo
125-20050712-JUD-01-00-EN.pdf
Página web
www.icj-cij.org