Dear Mr. Riezebos:
I would like to add my "two-cents-worth". Independently, I am much in
agreement with Brendan White.
About 10-12 years ago, I was called to a Canadian court as an expert witness
to provide information on the location and its accuracy of a fishing
violation by a foreign trawler near the 200 mile limit. During the
cross-examination, the defense lawyer asked me about the wording of the
Canadian fishing zone being "beyond and adjacent to the territorial sea".
He claimed that 188 miles from the territorial sea limit was not "adjacent".
My answer to him was that "adjacent" identified "location" and not "extent".
For example, I like in Ottawa, Canada, which is on the Ottawa River. On the
other side of the Ottawa River is the city of Hull, Quebec. I can say that
I live in the province adjacent to Manitoba, even though Manitoba is 3-days'
drive away and going to Quebec is a lunch-hour stroll.
The court ruled against the defendants, and it was appealed all the way to
the Supreme Court of Canada. I went to hear the pleadings before that
Court, and again he brought up the same argument about adjacency - to no
avail.
So, I agree with Brendan White that true islands cannot be adjacent because
water normally intervenes.
David H. Gray, M.A.Sc., P.Eng., CLS
Geodesy, Radio Positioning & Maritime Boundary Specialist
Canadian Hydrographic Service
615 Booth Street
Ottawa, Ontario, Canada K1A 0E6
613-995-4596
613-996-9053 (fax)
[log in to unmask]
> -----Original Message-----
> From: Donald Riezebos [SMTP:[log in to unmask]]
> Sent: Wednesday, January 12, 2000 15:52
> To: [log in to unmask]
> Subject: "Adjacent" Islands
>
>
>
> Dear List Members
>
> I am dealing with an issue which, although relates to local government
> boundaries, probably has some parallels with international boundaries.
>
> The boundaries of a number of New Zealand local government districts are
> defined
> as including "all adjacent islands and islets". The question has arisen
> about
> what the word "adjacent" means - how close does something have to be
> before it
> is adjacent? The answer I guess is a matter of judgement in each
> particular
> case. Is anyone able to point me to any literature, decisions or
> agreements
> dealing with this issue?
>
> A related question concerns the word "islet". How big does a rock have to
> be to
> qualify as an islet? Given that the Convention on the Law of the Sea
> states
> that "An island is a naturally formed area of land, surrounded by water,
> which
> is above water at high tide", we have probably confused the issue by
> referring
> to islets as well as islands. However comment on that issue would be
> appreciated.
>
> Thanks
>
> Donald Riezebos
>
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
|