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African boundaries existing today are in most parts the creation of colonial
administrations during the period of colonialism in Africa. These colonial created
boundaries were inherited by African states when they attained independence through a
Resolution (AGH/Res 16(1)) of the African heads of state and government held in
Cairo-Egypt 1964. The resolution was interpreted by the International Court of Justice to
mean the doctrine of uti possidetis juris. The wording of the resolution has been made
part of the principles governing African boundaries under article 4(b) of the Constitutive
Act of the African Union.
However despite the celebrated doctrine of uti possidetis juris in Africa, still there has
been hostilities and continuing frontier disputes in the continent. A good example of the
continuing boundary dispute which is also discussed in this study is that of Lake Nyasa
which has been disputed over years between Tanzania and Malawi and yet it still exists.
The objectives of this study were centered at analysis of the doctrine of uti possidetis as
a whole, its nature and application generally. With specific relevance to Africa, the
objectives were to find out the reasons for the continuing boundary disputes in the
continent, the role of the doctrine in Africa and the extent to which it has been applied in
the resolution of African boundary disputes. The research methodology of this study is
based on non-doctrinal legal research, qualitative data analysis, case study research
design, purposive sampling technique with a sample size of fifteen lawyers. The study
comprised of the population of lawyers specifically those with specialization of
international law in Tanzania.
Enquiries from various sources reveal that, dissatisfaction among African leaders over
borders inherited from colonial powers and the failure or difficulties of the applicability
of uti possidetis in all circumstances of disputed frontiers, have been the major sources
for the continuing boundary disputes in Africa. Although European colonial powers are
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blamed for various reasons leading to boundary disputes but Africans through their
leaders as well as the AU and its predecessor OAU are the co -authors of the reasons for
the continuing boundary disputes.
Among other things this study recommends that, the AU should review border principles
governing African frontiers and try to fix common errors inherited with colonial
boundaries without actually restructuring the boundaries but with a view of limiting
strict application of uti possidetis principle. This will brighten the future of the endless
boundary disputes and the fair application of the doctrine of uti possidetis in Africa. |
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