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Frontier Dispute Case (Burkina Faso/Mali)

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Bloomberg Law

Citation. I.C.J. 1986 I.C.J. 554.

Brief Fact Summary.

A question pertaining to a border dispute was tabled before the International Court of Justice by Burkina Faso and Mali.


Synopsis of Rule of Law.

An obligation exists to respect pre-existing international frontiers in the event of a state succession.


Issue.

Does an obligation exist to respect pre-existing international frontiers in the event of a state succession?


Held.

Yes. An obligation exists to respect pre-existing international frontiers in the event of a state succession, whether or not the rule is the rule is expressed in the form of uti possidetis. The fact that the principle did not exist when the states declared such independence in 1960 does not foreclose its present application.


Discussion.

Yes. An obligation exists to respect pre-existing international frontiers in the event of a state succession, whether or not the rule is the rule is expressed in the form of uti possidetis. The fact that the principle did not exist when the states declared such independence in 1960 does not foreclose its present application.



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