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
 

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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] 
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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