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Dear Nuno,
Thanks for your interesting views. Just two minor points. The award in
Barbados/Trinidad is pertinent to this matter. Secondly, it seems to me
that your suggestion that what is also relevant are protest of "affected
States" is possibly a bit biased. The protest of "zone-locked" States
against their neighbors trying to block them are of course equally
relevant. 
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 
European Union
tel: .. 31 (0)30 2537033 
fax: .. 31 (0)30 2537073 
email: [log in to unmask] <mailto:[log in to unmask]>   
_______________________________________________ 

 

 

________________________________

Van: International boundaries discussion list
[mailto:[log in to unmask]] Namens Nuno Antunes
Verzonden: maandag 18 mei 2009 11:19
Aan: [log in to unmask]
Onderwerp: Re: eadline day


Dear Martin and Alex,
 
Allow me to throw in my 2 cents... 
 
With respect to what Alex has just noted, I should say that I'm not
totally convinced about there not being a precedence between EEZ/CS
within 200M and CS beyond 200M. To the best of my knowledge, no court
has ever addressed this issue directly. I believe there is (little or)
no doubt about a precedence between 12-mile TS entitlements and EEZ/CS
within 200M entitlements (the former naturally prevailing over the
latter). Along analogous lines of thought, I actually think that (all
things considered) a reasonable argument can be made to support the idea
that there is a precedence between EEZ/CS within 200M and CS beyond 200M
(cf. pp.137-145 of my book). But I do grant that this is yet to be
tested before a court; and that State practice will be pivotal to
arriving at a better groudned conclusion. By State practice I mean not
only bilateral CS delimitation agreements, but also in terms of
unilateral acts - e.g. whether or not the States affected by claims made
by zone-locked States (at least some on the basis "leapfrogging
entitlements") will protest such claims.

Best regards,
Nuno