III. | The International Court of Justice |
1. | FUNDAMENTAL PRINCIPLES |
1.6. | Applicable Law |
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Frontier Dispute, Judgment
(Burkina Faso/Republic of Mali)
I.C.J. Reports 1986, p. 554
[p. 575] It must be recalled in this connection that the Chamber,
whose judgment "shall be considered as rendered by the Court"
(Statute, Art. 27), is bound to settle the present dispute "in accordance
with international law" (Art. 38). Accordingly, it is on the basis of
international law that the Chamber will have to fix the frontier line, weighing
for that purpose the legal force of the respective evidence submitted by the
Parties for its appraisal. It is therefore of little significance whether Mali
adopted a particular approach, either in the course of negotiations on frontier
questions, or with respect to the conclusions of the Legal Sub-Commission of the
Organization of African Unity Mediation Commission, and whether that approach
may or may not be construed to reflect a specific position, or indeed to signify
acquiescence, towards the principles and rules, including those which determine
the respective weight of the various kinds of evidence applicable to the
dispute. If these principles and rules are applicable as elements of law in the
present case, they remain so whatever Mali's attitude. If the reverse is true,
the Chamber could only take account of them if the two Parties had requested it
to do so, or had given such principles and rules a special place in the Special
Agreement, as "rules expressly recognized by the contesting States"
(Art. 38, para. 1 (a), of the Statute).
"While the Court is... bound to have regard to all the legal sources
specified in Article 38, paragraph 1, of the Statute... it is also bound, in
accordance with paragraph 1 (a), of that Article, to apply the
provisions of the Special Agreement." (I.C.J. Reports 1982, p. 37;
para. 23.)