I am away from my library at present, as I am arguing in the Cameroon v.
Nigeria case in The Hague. But from memory, you might like to look at the
recent International Court of Justice case of Qatar v. Bahrain, and
particularly at the pleadings. There were two issues which concerned the
effect of dredging on boundaries. Though neither was exactly the same as
the matter you refer to, they may be of some interest. One issue concerned
Fasht al Azm, where there had been dredging and this could have affected
the low water mark considerably in a narrow area of sea. In the event, the
facts were unclear and the Court avoided the issue by some roundabout
reasoning. The other issue was quite an interesting one. There were 2
shoals, Fasht ad Dibal and Qit'at Jaradeh whose status as
low-tide-elevations or as islands was in dispute. The interesting
question, again not really addressed by the Court, was this. It is clear
that works ON an LTE aimed at turning it into an island will not have that
effect in law. But what if there are works NEARBY, an indirect and
possibly unintended consequence of which is that what was an LTE is now
above sea level at high tide. Is it a "naturally formed" are of land
within the meaning of Art. 121 of the Law of the Sea Convention.
I hope this is of some interest. No doubt other bounders can give you
other information.
Maurice Mendelson QC
At 07:00 AM Wednesday06/03/2002, you wrote:
>Dear Colleagues,
>
> >From the Maritime Port Authority notices, Singapore is
>intensively reclaimed some of the island namely Pulau
>Tekong and Pulau Ubin.Those islands were very closed
>to the existing maritime boundaries of Malaysia and
>Singapore in the Straits of Johore.Both countries has
>agreed to delimit the boundaries in 1995 based on the
>principle of the deepest channel in the Straits of
>Johor. There were a possibility that the reclamation
>will affected and altered the deepest channelin the
>straits. In this regards, I would like to get some
>information if there are any similar cases particulary
>reclamations that affected the boundaries in the
>narrow straits to the opposite coastal states and what
>others sea reclamations impact. (environment, etc)
>
>Best regards
>
>Hamzah Ishak
>Prime Minister's Department
>PUTRAJAYA
>Malaysia
>
>
>
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Maurice Mendelson, Q.C.
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