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]
_______________________________________________
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