0521869129.Interpretation and Revision of International Boundary Decisions (Cambridge Studies in International and Comparative Law)..pdf

This page intentionally left blank
Interpretation and Revision of International
Boundary Decisions
This book seeks to examine a legal theme which occurs typically with
respect to judgments and awards given by international courts and
tribunals in the matter of boundary disputes. The theme in question is
predicated on the fact that, from time to time, litigating States will find
difficulties with these awards and judgments and seek to delay
implementation of the decision or modify the alignment determined
by the tribunal. The reason why dissatisfaction features prominently in
boundary and territorial decisions is because questions of title and
territorial sovereignty nearly always go to the very core of statehood,
creating situations of unease at best and conflict at worst. Thus, while
disputing States may resort to adjudication and arbitration for the
settlement of a boundary problem, that alone is no guarantee that the
dispute will thereafter terminate. Indeed, the author shows
convincingly that the history of arbitration, going as far back as
ancient Greece, is closely intertwined with problems of territorial
claims and frontier disputes. Two remedies frequently relied on by
litigating States in this context are those of interpretation and revision.
The author sheds light on how, when and in what circumstances a
tribunal is able to interpret or revise either its own or another
tribunal’s decisions on boundary problems. By exploring these issues,
the author seeks to provide a rigorous analysis in an area of law which
has escaped the attention of many international lawyers.
kaiyan homi kaikobad is Reader in International Law, Department
of Law at the University of Durham
cambridge studies in international parative law
Established in 1946, this series produces high quality scholarship in the fields
of public and private international law parative law. Although these
are distinct legal sub-disciplines, developments since 1946 confirm their
in