|
This e-mail is under March 2007 at:
http://www.jiscmail.ac.uk/cgi-bin/webadmin?A1=ind0703&L=int-boundaries (via:
http://www.jiscmail.ac.uk/lists/int-boundaries.html)
Dear Dan,
Further to what PCA Legal Counsel Dane Ratliff wrote below, You may note in
your essay on Cartography and Boundary Disputes in the 20th Century:
* the authoritative interpretation of the 2002 Eritrea/Ethiopia
Boundary (Merits) Decision that "disclaimers" placed on the UN maps (that
they do not imply "official endorsement of acceptance by the UN") do not
automatically deprive a map of all evidential value, but are "merely an
indication that the body making the map (or its Government) is not to be
treated as having accorded legal recognition to the boundaries marked
thereon or to the title to territory of the States concerned as indicated by
the marked boundary" - please see 2002 UN EEBC Decision, paras 3.26-3.28 and
Appendix A, paras A26-A32; 41 ILM 1057 (2002) at:
www.asil.org/resources/ilm.html & http://www.asil.org/ilib/ilib0507.htm and
PCA listed by Ratliff at: http://pca-cpa.org/PDF/EEBC/EEBC%20Decision-L.pdf
& http://www.un.org/NewLinks/eebcarbitration/ This EEBC authoritative
interpretation was relied upon, in Indonesia/Malaysia (Merits) Hearings, CR
2002/29, 42-43 [Counsel Malintoppi, 4 June 2002] at:
http://www.icj-cij.org/icjwww/idocket/iinma/iinmaframe.htm via 1998 at:
http://www.icj-cij.org/icjwww/idecisions.htm
See also my e-mail of 26 January 2007 at:
http://www.jiscmail.ac.uk/cgi-bin/webadmin?A2=ind0701&L=int-boundaries&T=0&F
=&S=&P=1658 via January 2007 at:
http://www.jiscmail.ac.uk/cgi-bin/webadmin?A1=ind0701&L=int-boundaries (via:
http://www.jiscmail.ac.uk/lists/int-boundaries.html) concerning EEBC
Ingenious Statement of 27 November 2006, as listed by Ratliff below [with
some added by me websites].
In addition to valuable works e-mailed by Nuno, Cindy and Chris, whose
e-mails as well as Yours are all re-enclosed below, you may also see:
Nuno Antunes, Chapter VI: Technical Input and Coalter Lathrop, Chapter V:
Tripoints, in David A. Colson & Robert W. Smith, Famous ASIL/IMB Vol.V
(2005) at: www.brill.nl/product_id21989.htm [Mr Coalter Lathrop of Sovereign
Geographic, Inc., at: http://www.sovereigngeographic.com; E-mail:
[log in to unmask]]
Victor Prescott & Clive Schofield, Chapter 12: Technical and Practical
Considerations, in The Maritime Political Boundaries of the World,
pp.289-326 (2005) at: www.brill.nl/product_id21967.htm [they're wrong on
121(3) rocks, pp.58-89 - in continuation of customarily incorrect Victor's
position ever contested by all other lawyers and geographers, including in
marvellous Mike Reed's Opus listed by Cindy - but they're excellent on
everything else]
Classic of superb British expert Peter B. Beazley, Technical Aspects of
Maritime Boundary Delimitation, 1 IBRU Maritime Briefing (1994 No.20) - his
official Technical Report was appended to the 1984 Gulf of Maine Judgment
at: http://www.icj-cij.org/icjwww/icases/icigm/icigmframe.htm via 1981 at:
http://www.icj-cij.org/icjwww/idecisions.htm
Shabtai Rosenne, The United Nations, the Oceans and Some Geography, in
Martin Ira Glassner ed., The United Nations at Work 285-334 (Praeger 1998);
Shabtai Rosenne, Geography in International Maritime Boundary-Making, 15
Political Geography 319-334 (1996)
For his other works, please see:
http://www.brill.nl/default.aspx?partid=18&searchtext=Rosenne&type=1 via:
Search: Rosenne at: http://www.brill.nl/default.aspx?partid=52
[mailto:[log in to unmask]]
It seems that you may need more than 3,500 words to complete your
essay.
My best regards,
Barbara Kwiatkowska
-----Original Message-----
From: International boundaries discussion list
[mailto:[log in to unmask]] On Behalf Of Dane Ratliff
[log in to unmask]
Sent: Thursday, March 29, 2007 14:55
To: [log in to unmask]
Subject: Re: [INT-BOUNDARIES] Maps and Boundary Disputes in the 20th Century
Dan,
You might also wish to refer to the 13 April 2002 Eritrea-Ethiopia Boundary
Commission (EEBC) Delimitation Decision at paras 3.17 to 3.28.
The Delimitation Decision can be downloaded at:
http://pca-cpa.org/PDF/EEBC/EEBC%20Decision-L.pdf
Regarding the use of cartography, the 27 November 2006 EEBC Statement at
paras 20-28, appears equally relevant to your query. Also have a look at the
Annex to the Statement.
The EEBC Ingenious Statement of 27 November 2006 can be downloaded at:
http://www.pca-cpa.org/ENGLISH/RPC/EEBC/Statement%20271106.pdf and Its Annex
at: http://www.pca-cpa.org/ENGLISH/RPC/EEBC/Statement%20Annex%20271106.pdf
and Map at:
http://www.pca-cpa.org/ENGLISH/RPC/EEBC/Eritrea_Ethiopia-Overview2006%20map%
20271106.pdf and PCA Press Releases of 30 November 2006 at:
http://www.pca-cpa.org/ENGLISH/RPC/EEBC/EEBC%20press%20release%20301106.pdf
& 29 November 2006 at:
http://www.pca-cpa.org/ENGLISH/RPC/EEBC/EEBC%20Press%20release%20291106.pdf
and ASIL/ILIB at: http://www.asil.org/ilib/2006/12/ilib061222.html (via:
http://www.asil.org/ilib/ilibarch.htm)
Kind regards,
Dane
-------------------------------------------------------------
Mr. Dane Ratliff, Legal Counsel
Permanent Court of Arbitration
Carnegieplein 2 - Peace Palace
2517KJ The Hague, The Netherlands
Tel: +31 70 302 4196 (direct) / 4165 (main office)
Fax: + 31 70 302 4167
E-mail: [log in to unmask]
Website: www.pca-cpa.org
-----Original Message-----
From: International boundaries discussion list
[mailto:[log in to unmask]] On Behalf Of Nuno Antunes
[log in to unmask]
Sent: Thursday, March 29, 2007 15:15
To: [log in to unmask]
Subject: Re: [INT-BOUNDARIES] Maps and Boundary Disputes in the 20th Century
Dear Dan
I don't know whether your essay is supposed to cover also maritime boundary
disputes. If it is, you might want at least to glance over one of the
appendices of my book on maritime delimitation: "Towards the
Conceptualisation of Maritime Delimitation", Martinus Nijhoff, 2003.
Appendix 3 - "Elementary Technical Aspects" - includes the brief analyses on
several issues (such as map projections, scale of maps, geodetic and tidal
data, straigt lines, manipulation of cartographic information), and how they
might impact on maritime delimitation, with references to various
bibliography and case law.
Hope it is helpful.
Regards, Nuno
-----Original Message-----
From: International boundaries discussion list
[mailto:[log in to unmask]] On Behalf Of Carleton Chris
[log in to unmask]
Sent: Thursday, March 29, 2007 14:59
To: [log in to unmask]
Subject: Re: [INT-BOUNDARIES] Maps and Boundary Disputes in the 20th Century
Dan,
Further to Cindy's suggestion may I suggest the TALOS Manual Ed
4, Special Publication No. 51, which can be accessed at:
http://www.iho.shom.fr/
Its bibliography is pretty comprehensive and may be useful to you.
Kindest Regards
Chris
CHRIS CARLETON, MBE, MILA, MRICS
Head, Law of the Sea Division
UK Hydrographic Office
[log in to unmask]
-----Original Message-----
From: International boundaries discussion list
[mailto:[log in to unmask]] On Behalf Of Cindy Fowler
[log in to unmask]
Sent: Thursday, March 29, 2007 14:33
To: [log in to unmask]
Subject: Re: [INT-BOUNDARIES] Maps and Boundary Disputes in the 20th Century
Dan,
Here's a pointer to our marine boundaries bibliography .. its a bit out of
date and I see a couple of bad links, but many of the documents are
accessible (PDF).
http://www.csc.noaa.gov/mbwg/htm/outreach/Bibliography.htm
Also, I can think of one specific reference (US centric) that you may be
interested in ..
Shore and Sea Boundaries Vol III, Mike Reed - ...
http://www.csc.noaa.gov/products/shoreandsea/
Volume Three, published in June 2000, was written by Michael W. Reed, an
attorney and expert involved in maritime boundary delimitation for almost
four decades. In this book, Reed not only documents the legal principles
derived from the numerous "tidelands" decisions that have occurred over the
past four decades, but also places those decisions in historical context.
Hope this helps.
Cindy Fowler
-----Original Message-----
From: International boundaries discussion list
[mailto:[log in to unmask]] On Behalf Of [log in to unmask]
Sent: Wednesday, March 28, 2007 23:45
To: [log in to unmask]
Subject: [INT-BOUNDARIES] Maps and Boundary Disputes in the 20th Century
Dear Colleagues,
I have been asked to prepare an essay (3,500 words) on cartography and
boundary disputes in the twentieth century. I have had some trouble
locating relevant authoritative and significant literature, especially
books, as opposed to journal articles. Much of what I have found is
case-specific. I am seeking analytic works that span many disputes.
I hope to develop several themes, including the use of maps to make or
reinforce claims, the role of maps in evolving boundary disputes, the
influence of maps in the discourse of a dispute (such as the borrowing of
terms, like the "green line"), and the use of cartography in dispute
settlement (such as at the ICJ or in negotiations). For instance, I have
found journal articles about particular disputes, like R. Johnson's
"Negotiating the Dayton Peace Accords through Digital Maps" and Keith
Highet's "Evidence, the Court, and the Nicaragua Case." There are a few
more general articles: Dennis Rushworth's "Mapping in Support of Frontier
Arbitration," Guenter Weissberg's "Maps as Evidence in International
Boundary Disputes: A Reappraisal," William B. Wood's "GIS as a Tool for
Territorial Negotiations," Gerald Blake's "The Depiction of International
Boundaries on Topographic Maps," and others. Do any of you have suggestions
for other sources that focus on cartography and boundary disputes in the
last century?
With gratitude for any help,
Dan Dzurek
Daniel J. Dzurek mailto:[log in to unmask]
President
International Boundary Consultants
3601 Wisconsin Avenue, NW Suite 409
Washington, DC 20016-3051
Phone: (202) 364-8403
************************************************************
Cindy Fowler, GIS Integration & Development Program Manager
National Oceanic & Atmospheric Administration (NOAA)
Coastal Services Center
2234 S. Hobson Ave.
Charleston, SC 29405
phone 843-740-1249 fax 843-740-1315
[log in to unmask] www.csc.noaa/gov
************************************************************
Prof. Dr. Barbara Kwiatkowska
Professor of International Law of the Sea
Deputy Director NILOS
Faculty of Law - Utrecht University
Achter Sint Pieter 200
3512 HT Utrecht - The Netherlands
Phone: 31 30 253 7037/7038
Fax: 31 30 253 7073
http://www.law.uu.nl/nilos
E-mail: [log in to unmask]
|
