EMERGENCE OF NEW STATES IN AFRICA AND TERRITORIAL DISPUTE RESOLUTION: THE ROLE OF THE INTERNATIONAL COURT OF JUSTICE

This article examines the potential contribution of the International Court of Justice ('Court') in resolving current and emerging territorial disputes in Africa. The article contends that the Court as the principal judicial organ of the Charter of the United Nations ('UN Charter') has had a significant role in resolving territorial disputes on the continent. An in-depth discussion of various disputes the Court has addressed in the past demonstrates the unique role and capability of the Court to address potential disputes of a similar nature. The article further argues that the decision by some African countries to voluntarily submit their disputes to the Court and the willingness of those nations to implement the outcomes of such referrals demonstrates the growing belief among these countries in the pivotal role of the Court in furthering the principles and goals reflected in the UN Charter. On the basis of this positive contribution of the Court, this article contends that current and potential territorial disputes, such as those in Ethiopia and Sudan, should be referred to the Court for determination. The involvement of the Court in such disputes will not only contribute to the maintenance of international peace and security in Africa but will also enhance the international rule of law by encouraging countries to resolve their disputes peacefully.