In continuation of exchange on importance of the UN 2002
Eritrea/Ethiopia Boundary Decision for the issue of maps, please note that:
* its paras 3.26-3.28 and Appendix A, paras A26-A32 contain an
unprecedented and authoritative interpretation of "disclaimers" placed on
the United Nations mapsm, which are equally important for land and maritime
boundaries!! Cf. Indonesia/Malaysia (Merits) Hearings, CR 2002/29, 42-43
[Counsel Loretta Malintoppi, 4 June 2002] at www.icj-cij.org.
Along with its websites at: www.pca-cpa.org/ENGLISH/RPC/,
www.un.org/NewLinks/eebcarbitration/ &
www.waltainfo.com/Boundary/Ethio_Eritrea/Boundary_Decision.asp, plus not
only orderly but also duly updated website of Eritrea's Mission to the
United Nations at: www.un.int/eritrea/docs.htm, including
www.un.int/eritrea/reports.htm (2003 Basic Facts on UN EEBC at:
www.shaebia.org/artman/publish/article_1824.html; current news at:
http://eri24.com/bottom.htm)
the official sources for citation of the UN EEBC:
* Decision of 13 April 2002 are: UN Doc. S/2002/423 and 41
International Legal Materials (ILM) 1057 (2002), as referred to at:
www.asil.org/ilib/ilib0507.htm,
* and of Demarcation Observations of 21 March 2003 - UN Doc.
S/2003/257/Add.1 and 42 ILM 1010 (2003) as referred to (under Declarations
etc.) at: www.asil.org/ilib/ilib0607.htm; there also are some 4 other
procedural decisions of the EEBC at the above PCA website.
Re: ongoing 11th UN Cameroon/Nigeria Mixed Commission on 18-19
August, please see:
Nigeria Troops Still in Bakassi, Says Judge Ajibola of 18 August at:
http://allafrica.com/stories/printable/200408180168.html &
www.thisdayonline.com/news/20040818news16.html
plus www.irinnews.org/frontpage.asp?SelectCountry=Cameroon,
http://allafrica.com/cameroon
and all Communiques at:
www.un.org/Depts/dpa/prev_dip/africa/office_for_srsg/cnmc/preleas/comlist.ht
m Best regards, Barbara
-----Original Message-----
From: Maurizio Morabito [mailto:[log in to unmask]]
Sent: Thursday, August 19, 2004 1:46 PM
To: [log in to unmask]
Subject: Re: Legal Effects of Illustrative maps
I believe this is the link referred to in the mail below
http://pca-cpa.org/PDF/EEBC/EEBC%20Decision-L.pdf
Very shortly: "The map evidence has to be considered separately in
relation to each particular part of the boundary. Also, in considering
the general significance of map evidence, if that evidence is uncertain
and inconsistent, its value will be reduced in relation to the
endorsement of a conclusion arrived at by other means, as also its
support for any alteration of a result reached on the basis of textual
interpretation".
regards
maurizio
--- Dane Ratliff <[log in to unmask]> wrote:
Dear Mr. Oduntan,
In response to your query, I would invite you to look at the
Decision on delimitation of the Eritrea-Ethiopia Boundary Commission at
paras 3.17-3.28.
A copy of the Decision can be downloaded from our website:
www.pca-cpa.org clicking on Recent and Pending cases.
Kind regards,
Dane Ratliff
> -----------------------------------
Dane Ratliff
Legal Counsel
Permanent Court of Arbitration
Peace Palace, Carnegieplein 2
2517 KJ The Hague - The Netherlands
Tel: +31 70 302 4196
Fax: +31 70 302 4167
E-mail: [log in to unmask]
PCA Website: www.pca-cpa.org
> -----------------------------------
>
> -----Original Message-----
> From: International boundaries discussion list
> [mailto:[log in to unmask]]On Behalf Of
> [log in to unmask]
> Sent: Thursday, August 19, 2004 5:24 AM
> To: [log in to unmask]
> Subject: Legal Effects of Illustrative maps
>
> Dear Colleagues,
>
What is considered the best view on the legal validity and perhaps
more importantly legal effects of illustrative maps attached to the decision
of an international court's decision?
Would it be right to conclude thus:
1. Such maps are intended to supplement the textual descriptions
contained therein; but
2. they are intended to be merely illustrative of the geography and
the statements, coordinates etc. provided by the court. They are prima
facie, therefore, neither accurate nor definitive.
3. The parties to any demarcation still have to attempt to
accurately interpret the delimitation proffered by the court.
4. There is the possibility that such an exercise may expose
scientific errors in the illustrative map and/or the coordinates or
geographical descriptions proffered by the court.
Hope to receive general comments on this issue
Best Regards
Gbenga Oduntan
Prof. Dr. Barbara Kwiatkowska
Professor of International Law of the Sea
Deputy Director NILOS
Faculty of Law - Utrecht University
Achter Sint Pieter 200
3512 HT Utrecht - The Netherlands
Phone: 31 30 253 7037/7038
Fax: 31 30 253 7073
http://www.law.uu.nl/nilos
E-mail: [log in to unmask]
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