Subject: benin niger tripoints in the balance<br/>
Date: Jun 21, 2003 @ 04:02<br/>
Author: acroorca2002 (&quot;acroorca2002&quot; &lt;orc@...&gt;)<br/>
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<div id="ygrps-yiv-858703326">of 24 cases remaining before the international court of justice <br/>
only 2 involve the adjudication of any land boundaries<br/>
& of these only the benin niger case has any tripointing <br/>
significance<br/>
affecting as it may possibly both of their tripoints<br/>
albeit in each case ever so slightly<br/>
<br/>
the tripoint positions per se are only incidental to the real issue<br/>
which is the allocation to either country of the islands in the niger <br/>
& mekrou rivers<br/>
which together comprise their entire border<br/>
<br/>
& this allocation hinges on whether the boundary is judged to be <br/>
the median line or the thalweg<br/>
<br/>
in relation to the ownership of each of the islands <br/>
the decision will likely be for the winner to take all of it<br/>
but in relation to the tripoints the decision will be very minor<br/>
possibly involving only a few meters of difference either way<br/>
& a difference perhaps more apparent than real anyway<br/>
in view of the impermanence of thalwegs & medians generally<br/>
<br/>
 <br/>
a peculiar wrinkle in this case is that the nigeria tripoint or <br/>
bjneng already legally falls at the median line of the niger rather <br/>
than at the thalweg<br/>
<br/>
& this will pose no problem if the court decides on the median <br/>
line for bjne<br/>
<br/>
but if as seems much more likely the court goes with the thalweg <br/>
principle for ease of navigation as well as simplicity of allocation<br/>
assuming all other things are as equal as i believe they are<br/>
then in addition to fixing the burkina faso tripoint or bfbjne for the <br/>
first time expressly on the thalweg rather than on the median<br/>
it would also effectively displace the nigeria tripoint from its <br/>
present position at the median to a new position on the thalweg<br/>
<br/>
however whether the court has the power to displace an <br/>
established tripoint even so short a distance as this<br/>
& even when so inconsequential to the third party<br/>
i have no sure idea but would rather doubt<br/>
<br/>
<br/>
in any case<br/>
the answers to these several fascinating but trivial questions<br/>
not to mention the important question of who owns the islands<br/>
will have to wait until at least next year<br/>
<br/>
<br/>
sources<br/>
icj case number 20 <br/>
& ibs study number 140 mainly <br/>
but also 91 & 93<br/>
& benin burkina niger & benin niger nigeria entries<br/>
on african tripoints page</div>