This contains some useful information, but there are quite a few errors,
omissions and unclear chains of reasoning in it; so I think it would be
unwise to rely on it. As an example of an error, the World Court did not
decide the Clipperton Island case; it was King Victor-Emmanuel III of
Italy. Another error is the second quotation from the award of Max Huber
in the Palmas arbitration: looking at the analogy of inter-state questions
within a federal system, Huber says that, whilst it is conceivable that in
such a system sovereignty, once acquired, cannot be dislodged by
prescription (etc.), that is NOT actually the case. Omissions include the
omission of reference to some of the more recent cases. So far as concerns
the reasoning, the piece does not, for example, make it clear why exactly
the use of the phrase "near to" in the grant of 1621 is relevant when it is
followed by "or within six leagues of any part ... of the said coasts". I
can think of all sorts of arguments about this, but they are not canvassed
and it is by no means a self-evident question.
In case it is of any relevance, I should mention that I am not
professionally involved on either side.
Maurice Mendelson
At 07:09 27/05/04, Fabio Spadi wrote:
>HEllo, there is an article on the dispute at
><http://www.siue.edu/GEOGRAPHY/ONLINE/Schmidt.htm>http://www.siue.edu/GEOGRAPHY/ONLINE/Schmidt.htm
>
>with some bibliography ...
>
>Hope it is useful. Fabio Spadi
>
>kohen <[log in to unmask]> wrote:
>Dear Colleagues,
>Could anyone provide information, both from official sources and scholar
>analysis, with regard to the American-Canadian dispute concerning the
>sovereignty over Machias Seal?
>Thank you very much and kind regards,
>Marcelo Kohen
>--
>Marcelo G. Kohen
>Professor of International Law
>Institut universitaire de hautes études internationales
>The Grraduate Institute of International Studies
>132, rue de Lausanne
>P.O. Box 36
>CH - 1211 Geneva 21
>e-mail : [log in to unmask]
>Voice : ++ 41 22 908 58 40
>Fax : ++ 41 22 908 57 10
>http://hei.unige.ch
>
>
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Maurice Mendelson, Q.C.
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