II. Case Concerning Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v Uganda)

Abstract

evidence used to delimit the boundary and, therefore, to attribute title to the islands in question, it is suggested that the Chamber missed a valuable opportunity to reflect on the doctrinal implications of its decision for the principle of uti possidetis juris.

State Responsibility as a Panacea to International Terrorism

“…The rights shortcomings of Canada's anti-terrorism policy, both those that could arguably be traced to an international injunction and those that were largely domestic, have elicited strong human rights reactions from individuals affected by them and by civil society groups. The record of international law's impact on Canada, however, is decidedly more mixed than that of Security Council initiatives when it comes to human rights 68 . There is no paucity of international human rights mechanisms that have been mobilized to deal with the terrorism issue, including mechanisms that relate to Canada.…”

“…These strategies are a full reflection of Secretary General Ban ki-Moon's proposal in 67 Kofi Annan, in his statement to the Security Council on 18 January 2002, Press Release SG/SM/8105, SC/7277. Full speech can be assessed at http://www.un.org/news/press/docs/2002/sgsm8105.doc.htm, (last assessed on 13 September 2012) 68 Therefore, Canada shall be used as case study here. 69 his statement to the Assembly in 2006 that the fight against international terrorism is a collective responsibility.…”

I. Case Concerning the Frontier Dispute (Benin/Niger)

“…7 Moreover, the OAU's successor organization, the African Union, chose to include the Cairo pledge as one of its fundamental principles. 8 The Chamber observed a central characteristic of the principle of uti possidetis juris is the way that it 'freezes title to territory' at the moment of independence; this moment typically becomes the 'critical date' for determining the international boundaries of the new States concerned. 9 Accordingly, although uti possidetis juris is a transitional principle of State succession, it is often resurrected by post-colonial States to perform a highly significant role in determining frontier disputes that have remained unresolved since the colonial era.…”

“…6 The case against Uganda is therefore significant as it is the only one of the Congolese cases concerned with the use of force, in respect of which the Court has given a judgment on the merits. 7 It is also the first time since the Court's landmark judgment in the Nicaragua case 8 that it has been presented with issues that potentially involved a re-appraisal of its jurispru-…”