Subject: Re: When does an ICJ decision take effect?
Date: Apr 17, 2001 @ 21:08
Author: michael donner (michael donner <m@...>)
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you have probably already seen the ibru exchange above & following
about the new bahrain qatar boundary decided by the icj
as well as the map behind it at
http://www.icj-cij.org/icjwww/idocket/iqb/iqbjudgments/ijudgment_20010316/iqb_ij
udgment_20010316_Map2.jpg



the mention of the 2 tripoints in the message is very interesting

the uncertain tripoint at the north terminal of the new icj line
namely the bahrain qatar iran tripoint
is only an eez tripoint in need of confirmation & neednt slow us down for now

also a 12nm bahrain qatar terminus
or tripoint with everyones land if anyone prefers
falls well within the icj allocation
& it is mentioned but not depicted nor so characterized by the icj
& also neednt detain us
since we too have been largely ignoring these el tripoints so far

but the tripoint at the south terminal
the actual bahrain qatar saudi territorial tricountry point
has had us on high alert since before st patricks day
when you may recall its likelihood of becoming the first maritime
territorial tricountry point in the world was first really appreciated

& who can forget the almost immediate followup in message 1873
when the first report of the ensuing qatari saudi actualization arrived

but what is new in the forwarded message here is the express or implied
expectation of further negotiation between bahrain & saudi arabia


still
based on what arif has said about the construction of islamic boundary law
around sovereign tax streams rather than sovereign territory
which gave me the impression that this whole bhqasa tripoint deal was
really already done as of the link in message 1873
i have to wonder again if any further negotiation of this point is not a
vain expectation

what could any of the 3 monarchs have further to discuss about this tripoint

the lines are already fully drawn separating all 3 sovereignties
& i grant there is this seemingly blatant loose end
from a western territorial perspective

but the tax implications
meaning in this case the allocation of the oil royalties
are now fully cut & dried in islamic law
if i understand correctly

so i will be very interested to see if any further bahraini saudi boundary
confirmation or clarification will ever occur
& i frankly rather doubt it on this issue
for why would they choose to resort to western law at all again if the
matter has now already been fully settled in islamic law

& indeed it would seem to be a cultural sellout & an embarrassment if they
were to go thru all the diplomatic motions necessary to reaffirm the
tripoint just to assuage western oil companies that there is sufficient
title to do business
if there already clearly is


well it may be a good test case

& i know i am way way out on a limb again here
but it sure looks to me like a done deal already
on what i would like to welcome & hail as

our first maritime & islamic law tricountry point



so i guess the message title might also have been
when does an islamic law decision take effect


but anyway what does anybody think about any of this

& feel free to pull it apart as it is only a guess

m


>X-From_: owner-int-boundaries@... Tue Apr 17 04:30:59 2001
>MIME-Version: 1.0
>Date: Tue, 17 Apr 2001 09:31:29 +0100
>Reply-To: Carleton Chris <Chris.Carleton@...>
>Sender: International boundaries discussion list
><INT-BOUNDARIES@...>
>From: Carleton Chris <Chris.Carleton@...>
>Subject: Re: When does an ICJ decision take effe ct?
>Comments: To: "DJDzu@..." <DJDzu@...>
>To: INT-BOUNDARIES@...
>
>Dear Dan,
> An ICJ judgement comes into effect on the day of the judgement. In
>the case of the Bahrain/Qatar case the Court delimited the line fully apart
>from the two tripoints at each end. The Parties will have to negotiate with
>the two third parties to settle these two points. If the judgement had only
>indicated where the line should be delimited, as in the North Sea case, or,
>as in the Jan Mayen case, only give approximate co-ordinates for the
>boundary, the Parties are required to delimit the boundary by negotiation
>following the guidance handed down by the Court.
>
>
>Kindest Regards
>
>Chris Carleton
>
>
>CHRIS CARLETON. MBE. MRICS
>Head, Law of the Sea Division
>UK Hydrographic Office
>chris.carleton@...
>
>> -----Original Message-----
>> From: DJDzu@... [SMTP:DJDzu@...]
>> Sent: 13 April 2001 20:51
>> To: INT-BOUNDARIES@...
>> Subject: When does an ICJ decision take effect?
>>
>> Dear Colleagues:
>>
>> Like many of you, I have been examining the 16 March 2001 International
>> Court
>> decision on the Bahrain-Qatar maritime boundary. I wondered if anyone,
>> probably the legal specialists, among us could advise me when a boundary
>> delimited by the ICJ comes into existence. Assuming that the decision is
>> binding on the parties, does the boundary take effect when it was
>> promulgated
>> by the court, or do the countries party to the case need to take some
>> subsequent actions?
>>
>> Thanks for any assistance.
>>
>> Sincerely,
>> Dan Dzurek
>