Boundary-making and resolving disputed territorial claims
Submitting Institution
University of DurhamUnit of Assessment
Geography, Environmental Studies and ArchaeologySummary Impact Type
PoliticalResearch Subject Area(s)
Engineering: Geomatic Engineering
Law and Legal Studies: Law
Summary of the impact
Research conducted by our International Boundaries Research Unit (IBRU)
since the 1990s has improved the understanding of boundaries and
boundary-making and developed end-user resources in the form of databases
and digital maps. IBRU has developed processes and techniques which
support peaceful dispute avoidance and resolution through an expanded
notion of boundary-making on land, along rivers, and at sea. Our work has
had direct impact on a range of geopolitical conflicts and disputes,
particularly on boundary demarcation and dispute resolution within Africa.
It has also shaped practitioner debate over jurisdictional issues in the
Arctic and improved the representation of river boundaries in
globally-used geospatial data products.
Underpinning research
IBRU research on boundary-making has often been undertaken for
governments and inter- governmental organisations, to underpin advice
about dispute settlement. This has involved generating data on boundaries,
assessing why boundaries have become problematic, and developing practical
techniques for boundary delimitation, demarcation, maintenance and
management. There has been a recursive relationship between conducting
this (sometimes confidential) contract research on disputed boundaries and
publishing academic work on the topic. Key researchers include Donaldson
(DU staff 2003-2012), Pratt (DU staff 1994-present), and Williams (PDRA
2005-7).
International treaties have focused on legal delimitations of boundaries,
largely ignoring the ongoing processes of physical demarcation,
maintenance and management that determine whether a boundary will be
effective and problem-free over time (Reference 1). IBRU research has
analysed and documented why and how seemingly well-defined boundaries may
in practice have disputed locations (References 1 & 2). The IBRU
approach to boundary-making processes broadens attention to include all
the steps from delimitation to demarcation, maintenance and management.
Our research has focused on documenting boundaries, understanding the
implications of demarcating and administering them in different kinds of
environments (terrestrial, maritime and riverine), and considering how
these practical considerations have been affected by the availability of
satellite imagery and other new technology (Reference 1).
IBRU research on land boundaries has revealed the extent to which
supposedly agreed boundaries have not actually been fixed on the ground.
The unit's research often comprises `boundary recovery' using methods
ranging from archival research to interviewing villagers about where
common practice located the boundary. A particular focus has been Africa
where, by 2008, only 25% of terrestrial borders were fully demarcated. In
many cases only a handful of ground points were ever surveyed and some of
the markers had been lost (Reference 2), resulting in issues of how to
resolve ambiguous and disputed cases (Reference 1).
Our research on maritime boundaries has highlighted their
ambiguity and importance in potential resource conflict. The 1982 UN
Convention on Law of the Sea prescribes sovereign rights within a
200-nautical-mile `exclusive economic zone' off a country's coast, but
allows more extensive claims if a `natural prolongation' (e.g. continental
shelf or submarine ridge) extends farther offshore. The UNCLOS definitions
are precise-sounding but until recently were operationally vague because
of limited mapping. IBRU's work includes a pioneering study of the Arctic
which used newly-compiled bathymetric data from the U.S. National
Geophysical Data Center to plot the outermost-possible extent of
territorial claims to much greater precision than was previously possible
(Reference 3).
We have also highlighted the importance of rivers as supposedly
convenient `natural' boundaries, and the practical problems associated
with them. Rivers constitute about one third of all international
boundaries, despite the problems of fixing a permanent border when rivers
have migrating or divided channels that change seasonally and over longer
timescales (Reference 4). Realising the extent of riverine boundaries, we
obtained a grant from the Royal Geographical Society in 2006 to develop an
open-access database, the International River Boundaries Database (IRBD,
2009 and later additions and updates; available at www.dur.ac.uk/ibru/resources/irbd).
This involved digitising over 1200 sections of river boundary from
satellite imagery and connecting them to available treaty information
(Reference 5). The result was to depict riverine boundaries much more
accurately on small-scale maps than had been done in the only previous
resource, a database developed by the Peace Research Institute in Oslo
using 1990s mapping.
References to the research
(Bold denotes Durham University staff at time of research; journal
ranks are from Scopus.)
4. Donaldson JW (2011) Paradox of the moving boundary: legal
heredity of river accretion and avulsion. Water Alternatives 4
(2), 155-170 (JR 0.599)
Details of the impact
IBRU's research reaches a wide range of constituencies. It has taken the
expertise and knowledge gained in the underpinning research and, through
its globally-unique training programme, has created knowledge exchange
partnerships leading to impact on boundary-making procedures and dispute
resolution, particularly in Africa. Impact has also come through knowledge
transfer enabled by the development of geospatial data products: our
Arctic map has informed debate among practitioners and governments over
territorial and resource claims, and our high-resolution river boundary
data has been adopted by Google for its mapping products such as Google
Earth.
IBRU's CPD programme has impact by shaping practitioner practices. Since
January 2008, IBRU has delivered 16 training workshops around the world to
453 individuals from 65 different countries including representatives from
>150 organisations. These workshops covered land, maritime and riverine
boundary delimitation, boundary negotiation and dispute resolution, and
the use of geographic information in boundary-making. The beneficiaries
include government departments (Ministries of Foreign Affairs & Trade,
Ministries of Defence, Departments of Survey & Mapping or Cartography,
National Boundary Commissions), non-government organisations (including
the United Nations), multinational corporations (including Google and
hydrocarbon companies), and academic institutions. Approximately 60% of
participants were in senior political/managerial or legal/technical roles,
40% in research roles. As demonstrated below, some of them have used
IBRU's training to inform specific boundary negotiations.
Frameworks for boundary dispute avoidance, demarcation and resolution
in Africa
Africa's 53 sovereign states are divided by 165 boundaries, making it one
of the most bisected continents in the world, but many of these boundaries
are poorly marked. In 2007 a conference of African government ministers
agreed to establish an African Union Boundary Programme (AUBP). This aimed
to reduce the risk of border-related conflict and promote cross-border
integration by improving demarcation across the continent.
The AUBP soon recognised the inadequacy of its existing skills base and
technical capacities for the effective implementation of this aim and saw
a need for "enhancing boundary delimitation and demarcation research and
training capacity" (Source 1a). IBRU was recognised (Source 1b, point 10;
1c, point 13) as possessing the capacity on both African boundary history
and management issues and gave presentations on these topics at the
invitation-only Second International Symposium on Land, River and Lake
Boundaries Management in Maputo, December 2008. This Symposium minuted the
need for a handbook on procedures for agreeing boundaries. IBRU was
commissioned to do this and Donaldson drafted what became, several years
later, Creation and Operation of Boundary Commissions in Africa:
User's Guide (Addis Ababa, AUBP, 2013; Source 2). This outlines
procedures for handling disputes and managing agreed border creation
processes, and its production was hailed as a milestone achievement by a
conference of responsible Ministers (see www.docstoc.com/docs/113653612/Concept-Note-AA-eng).
Five representatives of AUBP have taken part in IBRU CPD, some of them
more than once.
IBRU has also provided technical assistance with several specific cases.
This includes preparing reports on the challenges involved in the
demarcation of boundaries in northeast Africa (for the Intergovernmental
Authority on Development) and central Africa (for the Economic Community
of Central African States), and acting as co-facilitator of Namibian
boundary commission meetings in Windhoek in 2012 (Source 2, pp. 28-29). We
discuss two other cases in more detail because they demonstrate the varied
pathways to impact and the range of beneficiaries or affected users:
governments, commercial enterprises, and the natural environment.
Mozambique international border demarcation: Mozambique's
borders are undergoing a process of revalidation. Many of the markers of
its terrestrial borders were destroyed during the 1977-1992 civil war,
there are disputed claims to mineral resources on the Malawi border which
was last demarcated 50 years ago, the southwest Indian Ocean is an
increasingly important fishery, and there is international interest in the
hydrocarbon resources in the sea bed. In 2011 IBRU helped organise
training workshops as part of the Mozambique government's preparation of
its baseline position ahead of AUBP-sponsored international negotiations.
These workshops, run by Pratt, enabled the "development of tools and
practices to achieve the conclusion of ... agreements on the maritime
boundaries" through the "training of national experts... [in] boundary
delimitation and boundary dispute settlement... [and] international
principles and practices regarding negotiation of maritime boundaries";
they also "enhanced the ability of individuals engaged in boundary
delimitation and governance to [achieve] better territorial control and
governance" (Source 3). Some of the terrestrial borders remain under
discussion but the IBRU- trained negotiators reached rapid agreement with
Comoros, Seychelles and Tanzania on the delimitation of their mutual
maritime boundaries, with three new bilateral boundary agreements, two
tripoint agreements, and the revision of an existing boundary agreement
providing "clarity on fisheries licensing" and "the establishment of blocs
for oil and gas [exploration]" (Source 3), the latter subsequently
estimated to contain up to 20 trillion cubic feet of recoverable gas.
Resolution of a disputed internal boundary in Sierra Leone:
In 2011 IBRU conducted research for the United Nations Environment
Programme to help resolve a dispute between the Government of Sierra Leone
and Cluff Gold over conservation policy and resource management (Source
4a). The company holds a mining licence defined as extending to the
eastern boundary of the Kangari Hills Forest Reserve, one of Sierra
Leone's few remaining areas of closed-canopy forest and whose importance
for biodiversity led to several $m of funding from the World Bank's
Biodiversity Conservation Project. The mineable gold reserves are
estimated to exceed 2 million troy ounces (Source 4a), with a potential
value of over $2 bn. The two sides had dramatically different views about
the location of the boundary, first demarcated in the 1920s and marked by
physical markers mostly long since lost. IBRU used its archival and
procedural knowledge on marker placement (Reference 2) to research
historical documents and undertake a field survey to determine the true
alignment of the reserve boundary. The resulting assessment, finalised in
March 2012, showed that the reserve extends much further than the mining
company had claimed. Source 4b states that IBRU's report "helped to clear
the path for the government to make a decision on the way forward for the
Kangari reserve [...] and helped to promote fact-led conservation in
Sierra Leone and de-escalate a growing row between the Ministry of Mines,
the EPA_SL and the Ministry of Land and Country Planning". This allowed
commercial development of mining outside the reserve and long-term
protection of an important habitat.
Creating geospatial data products
The second way in which IBRU's work on the practicalities of
boundary-making has had impact is through using modern technology to
create open-access geospatial data products. Two such products provide
improved representations of marine (Reference 3) and riverine (References
4 & 5) boundaries for the public and other users.
Arctic Ocean boundaries: long-standing disagreements
between Canada, US, Denmark, Norway, and Russia about their mutual
maritime boundaries became more significant in recent years following
recognition that the Arctic sea bed contains around 20% of the world's
hitherto untapped natural gas and oil reserves (US Geological Survey
estimate in 2008) and that dwindling sea-ice cover may render these
recoverable. IBRU's map and briefing notes on the rival claims (Reference
4) were designed to inform debate about Arctic geopolitics and resource
claims. The map attracted global media interest, was downloaded over 40
000 times in the first 72 hours following its publication, and sparked
intense debate in practitioner communities. Organisations which have
requested permission to reproduce the map include the UK Ministry of
Defence, NATO Parliamentary Assembly, Canadian Air Force, Lloyd's Exposure
Management, Brookings Institution, US Congressional Research Service, and
Shell Global Information Services. IBRU's map has been combined with
geological resource assessments as the baseline evidence in US government
position and policy documents showing the overlapping claims to economic
sovereignty related to locations of hydrocarbon reserves in the Arctic
Ocean (Source 5).
River boundaries in Google Earth and Google Maps: Errors in
Google's border mapping have been cited in territorial disputes, such as
between Nicaragua and Costa Rica whose mutual border is within a
constantly-changing river delta. The digital files created by IBRU as part
of the International River Boundaries Database research have been adopted
by the Office of the Geographer and Global Issues in the US Department of
State (Source 6a), who state that "IBRU's authoritative data [is]
critical" for their large and small scale boundary databases, enabling
them to "respond to senior policy makers on critical and fast-breaking
issues". These State Department databases are publicly and freely
available and are widely used by "many of the most prestigious geographic
data providers" (Source 6a), including Google for use in Google Earth and
Google Maps. Google testify that the database is a valuable resource
(Source 6b), and the Google Earth developer blog (Source 6c) discusses how
"borders will now more closely follow natural boundaries such as mountains
and rivers" and exemplifies this with a river boundary represented by one
of IBRU's kml files. In this respect, IBRU's research is helping to
improve the accuracy of international boundary maps for millions of
computer users worldwide.
Sources to corroborate the impact
Source 1: Minutes of conferences of African Union Ministers with
Responsibilities for Borders:
(a) 2008 Conclusions of 2nd International Symposium on Land, Maritime,
River and Lake Boundaries Management, Maputo, AUBP/EXP/3(VI)
(www.peaceau.org/uploads/conclusions-aubp-maputo-eng-.pdf)
(b) 2009 Pan-African Conference on Maritime Boundaries and the
Continental Shelf for the Implementation of the African Union Border
Programme
(www.peaceau.org/uploads/conclusions-accra-eng-.pdf)
(c) 2010 Addis Ababa AUBP/EXP-Min/5 (Ii) Human Resources Development for
the AUBP
(www.issafrica.org/siteimages/HR.pdf
)
Source 2: African Union Border Programme Creation and Operation of
Boundary Commissions in Africa: User's Guide (Addis Ababa, AUBP,
2013) http://www.peaceau.org/uploads/au-3-en-2013-en-creation-a-operation.pdf
Source 3: Testimonial from National Sea and Boundaries Institute, Office
of the President of Mozambique (16 May 2013)
Source 4: (a) UNEP Kangari Hills Forest Reserve
(www.unep.org/disastersandconflicts/CountryOperations/SierraLeone/Media/KangarihillsForest
Reserveboundariesassessment/tabid/79573/Default.aspx)
(b) Testimonial from former Country Programme Manager, UNEP Sierra Leone
(21 March 2013).
Source 5: US Energy Information Administration (2009) Arctic Oil and
Natural Gas Potential (www.eia.gov/oiaf/analysispaper/arctic/pdf/arctic_oil.pdf;
see p.13)
Source 6: (a) Testimonial letter from US State Department
(b) Testimony letter from Geopolitical Programme Manager at Google, 20
May 2013
(c) Geo Policy Analyst, Google Earth, "Improving the quality of borders
in Google Earth and Maps" http://google-latlong.blogspot.co.uk/2010/07/improving-quality-of-borders-in-google.html