Dear Colleagues,
At IBRU we are frequently asked how many of the world's maritime
boundaries have been agreed. It's a difficult question to answer for
many reasons - for example, can a boundary be described as 'agreed' when
the agreement only relates to a small part of the full potential
boundary (e.g. Libya-Malta)? I usually resort to saying that XXX
maritime boundaries have at least one delimitation agreement associated
with them. By our count that figure currently stands at 211 if discrete
boundary segments are treated as separate boundaries (e.g. if you say
that Canada and the USA have four separate maritime boundaries) or 169
if discrete segments are counted as parts of a single boundary. The most
recent agreement of which we are aware was signed by Mauritius and the
Seychelles on 29 July this year (see http://www.dur.ac.uk/ibru/news for
details).
Another issue in counting boundaries is the question of whether to count
a boundary agreement that was signed several decades ago but never
ratified, which is the case with the 1976 agreements between Portugal
and Spain concerning (i) the territorial sea and contiguous zone, and
(ii) the continental shelf. Both agreements explicitly state that entry
into force will occur on the date that instruments of ratification are
exchanged, so it seems unlikely that the parties consented to be bound
by signature under Article 12 of the Vienna Convention on the Law of
Treaties. But presumably Article 18 of the Vienna Convention, which
concerns the obligation not to defeat the object and purpose of a treaty
prior to its entry into force, remains relevant?
While I'd certainly be interested in information on the status of the
Portugal-Spain agreements, I'm mainly seeking colleagues' thoughts on
how long, in principle, a boundary agreement can remain unratified and
still seriously be considered 'agreed pending ratification'.
Thanks,
m a r t i n
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Martin Pratt
Director of Research
International Boundaries Research Unit
Department of Geography
Durham University
Durham DH1 3LE
United Kingdom
Tel: +44 (0)191 334 1964
Fax: +44 (0)191 334 1962
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www.dur.ac.uk/ibru
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