_______________________________________________
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:
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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
Kind
regards,
Nuno