Private Rights, the Use of Maps, State Responsibility, and Other Issues in the International Court of Justice’s Boundary Jurisprudence: 2000-10

Abstract

SummaryBoundary disputes constitute one of the most delicate issues for states, such that it is not surprising that frontier issues are among the most recurrent before the International Court of Justice (IC J) and have given rise to a rich jurisprudence. This jurisprudence comprises traditional areas: consent in boundary treaties, the principle of uti possidetis juris, the notion of effectivités, and maritime delimitation. However, it also includes other topics that usually receive less attention, but which are nonetheless important to states and sometimes underlie their significant interest in boundary disputes. This article deals with such topics in order to show how the IC J has handled them in its boundary jurisprudence of the first decade of the new millennium. The author discusses IC J decisions addressing types of territory that cannot be appropriated, terra nullius, private rights, state succession, unilateral donations as sources of title to territory, irrelevant criteria in establishing title to territory (particularly historical consolidation), the use of maps, and state responsibility in connection with boundary disputes.