Subject: Re: Île Verte
Date: Feb 11, 2003 @ 15:10
Author: acroorca2002 <orc@orcoast.com> ("acroorca2002 <orc@...>" <orc@...>)
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> I assume that the 'enclave' in question is SP&M as a whole,although
> it's certainly not clear from the context. It's a term introducedby
> the commentator in International Maritime Boundaries, not theof
> technical expert to the Court (whose report I have now viewed; it
> doesn't shed any further light on our question).
>
> m a r t i n
>
> --- In BoundaryPoint@yahoogroups.com, "acroorca2002 <orc@o...>"
> <orc@o...> wrote:
> > martin
> > can you or anyone explain what is meant by
> > the enclave
> > in the following unexpurgated text of message 8898
> > which however i have interrupted below just to point out the
> passage
> > in question
> >
> > --- In BoundaryPoint@yahoogroups.com, "Martin Pratt"
> <m.a.pratt@d...>
> > wrote:
> > > Below are some extracts from the analysis of the Canada-France
> > maritime
> > > boundary in the American Society of International Law's
> > authoritative
> > > series "International Maritime Boundaries". As far as the long-
> > running
> > > boundarypoint discussion on this boundary is concerned, the key
> > comment
> > > is at the end of the first paragraph: "Turning points 4 and 5
> are
> > fixed
> > > on the low-water marks of Canadian islets in the Little Green
> Island
> > > group, a rather unusual feature for a maritime boundary. These
> > islets
> > > are the westernmost of the Canadian offshore features." This
> > suggests to
> > > me that while there is land territory immediately on one side
> thedelimitation.
> > > boundary, there is no actual land boundary....
> > >
> > > When I get an opportunity, I will have a look through Peter
> > Beazley's
> > > technical report (published in Vol. 31 of International Legal
> > Materials)
> > > and see if he has any comments on relationship between the
> boundary
> > and
> > > the Little Green Island group.
> > >
> > > Regards,
> > >
> > > m a r t i n
> > >
> > >
> > > EXTRACTS FROM INTERNATIONAL MARITIME BOUNDARIES
> > >
> > > There are quite a number of islets, rocks, drying rocks, banks,
> and
> > > shoals in the boundary area. Most of the offshore features used
> as
> > > basepoints for measuring the boundary are rocks, although
> turning
> > points
> > > 1, 2, and 3 are, on their west, measured from a French islet,
> > L'Enfant
> > > Perdu. In general, when a boundary turning point is determined
> on
> > the
> > > basis of equidistance from the respective basepoints, that
> basepoint
> > > closest to the boundary on the French side has been chosen,
> while
> > the
> > > nearest Canadian basepoints have been ignored. An exception are
> the
> > > Outer Miquelon Rocks, about 4 n.m. west of turning point 7,
> which
> > were
> > > ignored in determining the point's location. Turning points 4
> and 5
> > are
> > > fixed on the low-water marks of Canadian islets in the Little
> Green
> > > Island group, a rather unusual feature for a maritime boundary.
> > These
> > > islets are the westernmost of the Canadian offshore features.
> > >
> > > Banks and shoals were ignored as basepoints in the
> > Sincethe
> > > the drying rocks on both sides of the line are located within
> > > respective territorial seas, they could, legally, generatetheir
> ownoutset,
> > > territorial waters, and thus would qualify as potential
> basepoints
> > for
> > > determining the boundary. No islets were ignored in the
> delimitation
> > > except for Canada's Green Island, a part of the group of islets
> near
> > > Points 4 and 5, which was disregarded because it would have
> > exercised a
> > > disproportionate effect on the boundary.
> > >
> > > *****
> > >
> > > To deal with technical difficulties, as mentioned at the
> thethat
> > > Court of Arbitration appointed as its expert Commander Peter
> > Beazley of
> > > the United Kingdom. In his Technical Report to the Court,
> Commander
> > > Beazley explained that all computations were made on the
> ellipsoid
> > using
> > > North American Datum (1983), the associated ellipsoid being
> ofthe
> > the
> > > Geodetic Reference System (1980). The International Nautical
> Mile
> > of
> > > 1852 meters was used. Positions of relevant basepoints were
> taken
> > by
> > > the expert from Canadian charts, with corrections supplied by
> > > Canadian Hydrographic Service, and all coordinates wereArbitration.
> expressed
> > to 0.1
> > > arc seconds. 71 The line of delimitation was illustrated on the
> > > largest-scale chart of the area available, Canadian Chart No.
> 4490.
> > >
> > > The first technical problem noted by Commander Beazley in his
> > report to
> > > the court was that the coordinates listed in the Agreement
> between
> > > Canada and France of 27 March 1972 were expressed only to the
> > nearest
> > > arc second. While the Canadian Memorial had applied datum
> > corrections,
> > > the French pleadings had not assigned coordinates to either
> point 1
> > or
> > > point 9, the terminal points of the agreed delimitation (in the
> > channel
> > > between Newfoundland and St. Pierre and Miquelon) and
> consequently
> > the
> > > starting points for the delimitation by the Court of
> > > Further, point 1 as described in the 1972 Agreement andPierre
> corrected
> > for
> > > datum change, did not lie exactly on a 12 n.m. arc centered on
> > L'Enfant
> > > Perdu. The expert therefore assumed that, had the coordinates
> been
> > > given to the nearest 0.1 arc second back in 1972, they would
> have
> > been
> > > slightly different.
> >
> > ok here it comes
> > the enclave
> > in the sentence just below
> >
> > > With respect to the enclave, as regards basepoints on St.
> andand
> > > Miquelon, while the French Memorial listed the coordinates of an
> > > equidistant line, the controlling basepoints were only named
> > theirgiven
> > > coordinates not given. The Canadian Counter Memorial did give
> > > coordinates for the basepoints used by Canada for the French
> > islands,
> > > but a comparison with the French equidistant coordinates showed
> > that the
> > > two parties could not be using identical points. Commander
> Beazley
> > > observed that "[t]his is only to be expected from the scales of
> the
> > > charts even if the features used were the same." Therefore, he
> > > determined his own coordinates of the basepoints for the French
> > islands,
> > > although the coordinates differed only slightly from those
> byfrom
> > > Canada.
> > >
> > > Other problems for Commander Beazley arose in the context of
> > determining
> > > the corridor, which, it will be recalled was to extend "to a
> > distance of
> > > 1988 nautical miles from a 12 nautical miles limit measured
> theeastern
> > > baselines" on St. Pierre and Miquelon. The western and
> > limitsthe
> > > of this projection were determined by the extremities of the
> French
> > > islands, and the expert had to determine the distance between
> > > meridians passing through these points at their mean latitude.geodetic
> > Also,
> > > the limits described by the court for the lateral boundaries of
> the
> > > corridor were actually "small circles" and were neither
> > linesbut
> > > nor rhumb lines. A geodetic line was a closer approximation,
> > > because positions were given to the nearest 0.1 arc, it was
> > necessary
> > > for the expert to determine two intermediate points along each
> > limit in
> > > order to reduce the divergence of the geodesics from the small
> > circles.
> > >
> > > ==================================
> > > Martin Pratt
> > > Director of Research
> > > International Boundaries Research Unit
> > > Department of Geography
> > > University of Durham
> > > South Road
> > > Durham DH1 3LE
> > > United Kingdom
> > >
> > > +44 (0)191 374 7704 (direct line)
> > > +44 (0)191 374 7702 (fax)
> > > m.a.pratt@d... (email)
> > > http://www-ibru.dur.ac.uk (World Wide Web)
> > > ==================================