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The Decision on the Delimitation of the Eritrea/ethiopia Boundary of 13 April 2002: a Singular Approach to International Law Applicable to Territorial Disputes

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Chapter Summary

This chapter deals with the Eritrea-Ethiopia Boundary Commission decision of 13 April 2002. Despite the misleading terminology used in the 12 December 2000 Agreement, the Commission performed the task of a real arbitral tribunal and what is simply defined as "decision" of 13 April 2002. The Commission's activity was financed by a trust fund established pursuant to Security Council Resolution 1177. Of 26 June 1998, on the basis of State contributions. The Commission faced a situation that could not be compared to other African territorial disputes submitted to adjudication. The administrative limits within Western French Africa became the new international boundaries. The approach chosen by the Commission to depart from the boundary established by treaties is the more debatable when one considers that the December 2000 Agreement provided that the Commission's mandate was to delimit and to demarcate "the colonial treaty border".

Keywords: colonial treaty border; Eritrea-Ethiopia Boundary Commission; international law; security council resolution; territorial disputes; western French Africa



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