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Separate Opinion of Judge A.A. Cançado Trindade in the Frontier Dispute Case (Burkina Faso versus Niger, Judgment of 16.04.2013)

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Chapter Summary

The present case before the Court is far more specific, and concerns the tracing of a part of the frontier between Burkina Faso and Niger. The author's purpose herein is to demonstrate and sustain that people and territory are related to each other, that they go together, that the tracing of the frontier in the present context cannot be made in abstracto. To this end, the consideration of the local populations and of the surrounding villages in the frontier zone is necessary and suffices. The determination of the frontier line is thus to take into account the transhumant movement of persons across the border, so as to secure its freedom. The Court has moved a significant step ahead, in expressly acknowledging that territorial problems are to be properly tackled taking into account the fulfilment of the needs of the local (nomadic, semi-nomadic and sedentary) populations.

Keywords: Burkina Faso; Court; Niger; nomadic populations; transhumant movement



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