Dear Nuno,
You are of course right as regards the mouth of the river. Note however that the Court did in fact draw an equidistance line between the islands. A strict equidistance line would have been controlled by basepoints on the islands for almost all of its length.
Best regards,
 
 
 
Alex
 

_______________________________________________
Alex G. Oude Elferink
Netherlands Institute for the Law of the Sea (NILOS) 
School of Law
Utrecht University
Achter Sint Pieter 200
3512 HT Utrecht
The Netherlands
tel: .. 31 (0)30 2537033
fax: .. 31 (0)30 2537073
email: [log in to unmask] 
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Van: International boundaries discussion list [mailto:[log in to unmask]] Namens Nuno Antunes
Verzonden: woensdag 4 februari 2009 18:34
Aan: [log in to unmask]
Onderwerp: Re: ICJ Judgment Romania Ukraine

Dear Alex

 

Many thanks for your comments.

 

While I have not confirmed this by going back to the Libya/Malta judgment, I believe you are correct in saying that the basepoints on Filfla were discounted for purposes of computation of the provisional equidistance line. I stand corrected, in that it was not the first time the Court used the approach now followed. I’m glad I was not too definitive in saying it was an innovation… :-) As for the Nicaragua/Honduras Case, the bisector seemed to be the obvious solution (I put it forward as a suggestion it in my book in 2003). But perhaps this case cannot be of much use in making extrapolations, due to the difficulties in drawing a strict equidistance line between Nicaragua and Honduras, due to the permanent change of the basepoints at the mouth of the river.

 

Kind regards,

Nuno