The Boundary Dispute Between Peru and Ecuador

In an article in this Journal some years ago, Professor Georg Maier analyzed the legal cases presented by the Republics of Peru and Ecuador during their long boundary dispute and concluded that the Ecuadorian Government had a much stronger de jure title to the disputed territory, while the Peruvian Government’s claim rested primarily on a strong de facto title. Consequently, he argued that the 1942 Rio Protocol which awarded the Peruvian Government the bulk of the territories in question was not an equitable solution to the dispute since such a solution would lie between the extremes of Ecuador’s de jure case and Peru’s de facto case. He further concluded that a more equitable solution should be sought so the dispute would no longer be an impediment to amicable relations between the two countries. The conclusion of this writer is that the Peruvian Government’s de jure case in the dispute was stronger than that of the Ecuadorian Government and that Peru’s legal case was then buttressed by a prolonged occupation and development of much of the disputed area. Furthermore, even if the Rio Protocol was not an equitable solution to the problem, no legal justification exists for demanding the renegotiation of a pact signed and ratified by both the Peruvian and Ecuadorian Governments and then guaranteed by four other American Governments

Boundary (topology · De facto · Government (linguistics · Political science · Politics · Territorial dispute · Global Peace and Security Dynamics · International Development and Aid · International Relations in Latin America · Law · Philosophy

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