Subject: Re: [BoundaryPoint] first known map of hnnisv tridominium & its trilines & tripoint
Date: Oct 29, 2006 @ 18:41
Author: aletheia kallos (aletheia kallos <aletheiak@...>)
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> When I wrote of an inner sinus within the gulf's=== message truncated ===
> southeastern lobe that
> was surrounded by the littoral belts of Honduras and
> Nicaragua, I was
> not looking at the LA PRENSA sketch map, the link to
> which had been lost
> at the time. What I thought I remembered as
> littoral belt overlap
> between these two states in the vicinity of the
> kilometer scale was
> erroneous. While there is an inner sinus (whether
> partitioned or not),
> it does involve about a mile of closure by the
> Salvadorian littoral belt
> at its western end.
>
> You are correct that our next resort must be to the
> 1917 volume of AJIL
> or another source of the 1900 HNNI agreement.
>
> Lowell G. McManus
> Leesville, Louisiana, USA
>
>
> ----- Original Message -----
> From: "aletheia kallos" <aletheiak@...>
> To: <BoundaryPoint@yahoogroups.com>
> Sent: Saturday, October 28, 2006 7:45 AM
> Subject: Re: [BoundaryPoint] first known map of
> hnnisv tridominium & its
> trilines & tripoint
>
>
> > wow yes thanx again
> > & understood & agreed again
> > up to a point
> >
> > but still i hesitate to abandon the idea of the
> inner
> > tridominial area
> >
> > the unseen 1900 hnni agreement may well preclude
> the
> > existence of such an area
> > as you seem to assume
> > & perhaps we wont know for sure til we actually
> read
> > it
> >
> > but the judgment does indicate in paragraph 405
> that
> > the delimitation effected by that agreement was
> > substantially an application of the equidistance
> > principle
> > after having just in paragraph 404 reiterated the
> > principle of the 3 mile littoral belts of
> exclusive
> > jurisdiction
> > about which there doesnt seem to be any question
> > within the gulf
> >
> > outside the gulf there may well be up to 12nm of
> > territorial seas
> > but inside the gulf there appears to be no basis
> for
> > assuming any exclusively sovereign waters beyond
> the
> > various 3nm littoral belts
> >
> > so i have no difficulty seeing & agreeing that the
> > equidistance principle may have been employed in
> the
> > past & or may be hypothetically invoked in the
> present
> > or future to delimit areas where the 3nm belts
> overlap
> > of which there are clearly 2 shown on the sketch
> map i
> > began with
> > & a third inferrable off frame to the right
> > but i still dont see how equidistance could have
> been
> > used to divvy up the enclosed area in the inner
> gulf
> > that is beyond all 3 of the 3nm belts
> >
> > moreover i dont yet see how it could be fair to
> assume
> > that there even are any waters in the gulf
> completely
> > surrounded by the hn & ni belts
> > even if it were fair to assume that these
> countries
> > had the right to appropriate & or allocate such
> waters
> >
> > --- "Lowell G. McManus" <lgm@...> wrote:
> >
> >> 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
>