After an examination of your new-found PDF file, I must change my
earlier opinion that the central portion of the southeastern lobe of the
gulf constitutes a second tridominial area distinct from that along the
central segment of the gulf's closing line. The judgment of the court
finds a tridominium in the gulf, but makes it subject to two physical
limitations: (1) the three-mile littoral belts previously agreed to by
the states, and (2) the 1900 agreement between Honduras and Nicaragua.
I had first assumed that the latter pertained to their land boundary's
intersection with the gulf, but the matter is specifically addressed in
paragraphs 404 (PDF page 250) and 413 (PDF pages 254 and 255). Here, we
learn that the two contracting states had bilaterally delimited
sovereignty in part of the gulf by a line that "terminates well short of
the closing line of the Gulf" and that El Salvador had (perhaps
unwittingly) accepted the same. While the 1992 court decision
incorporates the 1900 agreement by reference, it does not describe it
further. However, where could it be than in the southeastern lobe? If
it is a fair assumption that Honduras and Nicaragua would have
partitioned all of the waters that are either overlapped or surrounded
by their respective three-mile littoral belts, then there is no
tridominium other than the one along the central segment of the closing
line. (A full description of the 1900 delimitation at page 710 of the
1917 volume of the AMERICAN JOURNAL OF INTERNATIONAL LAW should tell the
tale one way or the other.)
I think this is the answer to your first-mentioned conundrum below. As
for the second, I agree that the duplication of text is an artifact of
poor editing.
Lowell G. McManus
Leesville, Louisiana, USA
----- Original Message -----
From: "aletheia kallos" <aletheiak@...>
To: <BoundaryPoint@yahoogroups.com>
Sent: Wednesday, October 25, 2006 3:04 PM
Subject: Re: [BoundaryPoint] first known map of hnnisv tridominium & its
trilines & tripoint
> thanx
> i am much obliged as well as much inclined to agree
> & not just because i like the idea of making a fresh
> triarea discovery
> & thus getting 2 tridominia with associated trilines &
> tripoints for the price of 1
> but just because it seems right
>
> but the 2 things i didnt understand about the legal
> text below
> which made me pause before coming to any firm
> conclusions
> were
> why the waters at the central portion of the closing
> line appear to be specially distinguished from the
> waters outside the belt of exclusive seas generally
> &
> why the curious apparent or actual reduplication in
> the text
>
> & i can dismiss the latter of these puzzles as being
> the probable result of a clerical error
> since this version of the text at paragraph 432 on pdf
> page 265 here is not in fact riddled with this problem
> http://www.icj-cij.org/icjwww/icases/ish/ish_ijudgments/ish_ijudgment_19920911.pdf
> but it is hard to understand what the need or basis
> for the former conundrum might be
>
> but maybe you can elucidate this too
>
>
> & also
> to further advance the tridominioscopy
> i have just noticed in section 3 of the continuation
> of paragraph 432 of the judgment
> on the pdf page following the one above
> that there is added
> attached to the tridominial waters inside the central
> portion of the gulf closing line a zone of tridominial
> territorial seas outside of it
> presumably extending 12 nautical miles seaward
> since all 3 of these countries can & do claim at least
> that much territorial sea in the outer sea
>
>
> so
> to sum up
> 2 tridominal triareas do appear to exist
> one of them simple & one compound
>
> & if so
> then the simple or inner one is contiguous to all 3
> exclusively sovereign territories
> & is thus ringed by a chain of 3 trilines & 3
> tripoints
> of which all but the hnnisvhnni tripoint are at least
> partly shown in colored dots on the pdf map i began
> with
> hopefully still linked below
>
> & the outer tridominial area
> comprising the mentioned & depicted internal
> tridominial waters within the gulf plus a roughly
> rectangular 12nm extension from these of tridominial
> territorial seas outside the gulf
> is contiguous only with the exclusive sovereign
> territories of ni & sv
> & is a true exclave of hn as previously observed
> & thus has only the 2 trilines & their single tripoint
> mentioned below
> if one doesnt count its seaward interface with
> everyones water & its adjoining tripoints with
> everyones water & ni & sv respectively
>
> but counting all of these
> & why shouldnt we whether in the interests of full
> disclosure
> or because we are here in everyones land ourselves at
> bp
> then it is now looking like a total of 2 tridominial
> triareas ringed by a total of 6 tridominial trilines &
> 6 tridominial tripoints
>
> --- "Lowell G. McManus" <lgm@...> wrote:
>
>> The lobe of the Gulf of Fonseca that begins at the
>> kilometer scale and
>> north arrow runs about 20 miles southeastward and
>> has an average width
>> of about eight miles between opposing points of
>> land. Therefore, there
>> is plenty of room within it for tridominium under
>> the provisions of the
>> court decision below. If the Gulf is jointly held,
>> subject only to the
>> sovereign three-mile territorial seas, I see no
>> reason why the
>> southeastern lobe should not be joint, as well as
>> the small area along
>> the historic bay closing line.
>>
>> Lowell G. McManus
>> Leesville, Louisiana, USA
>>
>>
>>
>> ----- Original Message -----
>> From: "aletheia kallos" <aletheiak@...>
>> To: <boundarypoint@yahoogroups.com>
>> Sent: Wednesday, October 25, 2006 10:14 AM
>> Subject: [BoundaryPoint] first known map of hnnisv
>> tridominium & its
>> trilines & tripoint
>>
>>
>> > interesting new sketch map of the gulf of fonseca
>> >
>>
> http://www.laprensa.com.sv/nacion/Las%20aguas%20en%20condominio.pdf
>> > found in this fresh report of a disputed island
>> within
>> > it
>> >
>>
> http://luterano.blogspot.com/2006/10/el-salvador-and-honduras-argue-over.html
>> > gives a first clear impression of the de jure
>> hnnisv
>> > triarea
>> > the most multisovereign territory in the world
>> > & its borders & multipoint
>> >
>> > on this map
>> > the tridominial territory is bounded by the thick
>> blue
>> > gulf closing arrow to its southwest & by the gold
>> &
>> > blue dotted territorial sea limit lines of ni & sv
>> > respectively to the east & north
>> >
>> > so these dotted lines are the tridominial trilines
>> > hnnisvni & hnnisvsv respectively
>> > as far as their first intersection point
>> > at the tridominial tripoint hnnisvnisv
>> >
>> > notably only ni & sv abut this tridominial area
>> >
>> > for hn this tridominium is an exclave or overseas
>> > territory
>> >
>> > nor does it appear to contain any islands to fight
>> > over
>> >
>> > the legal text for it
>> > from a 1992 icj decision
>> > is as follows
>> >
>> > THE CHAMBER,
>> >
>> > 1. By four votes to one,
>> >
>> > Decides that the legal situation of the waters of
>> the
>> > Gulf of Fonseca is as follows: the Gulf of Fonseca
>> is
>> > an historic bay the waters whereof, having
>> previously
>> > to 1821 been under the single control of Spain,
>> and
>> > from 1821 to 1839 of the Federal Republic of
>> Central
>> > America, were thereafter succeeded to and held in
>> > sovereignty by the Republic of El Salvador, the
>> > Republic of Honduras, and the Republic of
>> Nicaragua,
>> > jointly, and continue to be so held, as defined in
>> the
>> > present Judgment, but excluding a belt, as at
>> present
>> > established, extending 3 miles (1 marine league)
>> from
>> > the littoral of each of the three States, such
>> belt
>> > being under the exclusive sovereignty of the
>> coastal
>> > State, and subject to the delimitation between
>> > Honduras and Nicaragua effected in June 1900, and
>> to
>> > the existing rights of innocent passage through
>> the
>> > 3-mile belt and the waters held in sovereignty
>> > jointly; the waters at the central portion of the
>> > closing line of the Gulf, that is to say, between
>> a
>> > point on that line 3 miles (1 marine league) from
>> > Punta Amapala and a point on that line 3 miles (1
>> > marine league) from Punta Cosigüina, are subject
>> to
>> > the joint entitlement of all three States of the
>> Gulf
>> > unless and until a delimitation of the relevant
>> > maritime area be effected; that the legal
>> situation of
>> > the waters of the Gulf of Fonseca is as follows:
>> the
>> > Gulf of Fonseca is an historic bay the waters
>> whereof,
>> > having previously to 1821 been under the single
>> > control of Spain, and from 1821 to 1839 of the
>> Federal
>> > Republic of Central America, were thereafter
>> succeeded
>> > to and held in sovereignty by the Republic of El
>> > Salvador, the Republic of Honduras, and the
>> Republic
>> > of Nicaragua, jointly, and continue to be so held,
>> as
>> > defined in the present Judgment, but excluding a
>> belt,
>> > as at present established, extending 3 miles (1
>> marine
>> > league) from the littoral of each of the three
>> States,
>> > such belt being under the exclusive sovereignty of
>> the
>> > coastal State, and subject to the delimitation
>> between
>> > Honduras and Nicaragua effected in June 1900, and
>> to
>> > the existing rights of innocent passage through
>> the
>> > 3-mile belt and the waters held in sovereignty
>> > jointly; the waters at the central portion of the
>> > closing line of the Gulf, that is to say, between
>> a
>> > point on that line 3 miles (1 marine league) from
>> > Punta Amapala and a point on that line 3 miles (1
>> > marine league) from Punta Cosigüina, are subject
>> to
>> > the joint entitlement of all three States of the
>> Gulf
>> > unless and until a delimitation of the relevant
>> > maritime area be effected;
>> >
>> > etc
>> >
>> > & yet
>> > from this it is not clear
>> > or at least not to me
>> > whether there might not also be a second triarea
>> > within the gulf
>> > several miles eastward from the clearly
>> established
>> > one
>> > & shown on the above map surrounding the mileage
>> scale
>> > & north arrow
>> > & bounded by gold & blue & red dotted lines
>> > & thus adjacent to all 3 countries
>> >
>> > but can anyone say if there is only the single
>> > tridominial area or 2
>> >
>> > here is a map of the full gulf for your
>> consideration
>> >
>> http://encarta.msn.com/map_701512830/Gulf_of_Fonseca.html
>
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