Intercolonial court on libran handed that down an hour ago...

On the basis of that evidence in respect of the period 1914 to 1954, the Chamber concluded that there was a modus vivendi between the local authorities of Dahomey and Niger in the region concerned, whereby both parties regarded the main navigable channel of the river as constituting the intercolonial boundary.

On the basis of this evidence in respect of the period 1914-1954, the Chamber concluded that there was a modus vivendi between the local authorities of Dahomey and Niger in the region concerned, whereby both parties regarded the main navigable channel of the river as constituting the intercolonial boundary.

It concluded that, notwithstanding the existence of a legal title of 1907 relied on by Niger in support of the boundary which it claims, it was clear that, at least from 1927 onwards, the competent administrative authorities regarded the course of the Mekrou as the intercolonial boundary separating Dahomey from Niger, that those authorities reflected that boundary in the successive instruments promulgated by them after 1927 — some of which expressly indicated that boundary while others necessarily implied it — and that that was the state of the law at the dates of independence in August 1960.

In the second part of its Judgment, dealing with the western section of the boundary between Benin and Niger, in the sector of the River Mekrou, the Chamber examined the various documents relied on by the Parties in support of their respective claims. It concluded that, notwithstanding the existence of a legal title of 1907 relied on by Niger in support of the boundary which it claims, it was clear that, “at least from 1927 onwards, the competent administrative authorities regarded the course of the Mekrou as the intercolonial boundary separating Dahomey from Niger, that those authorities reflected that boundary in the successive instruments promulgated by them after 1927, some of which expressly indicated that boundary, whilst others necessarily implied it, and that this was the state of the law at the dates of independence in August 1960”.