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MARITIME DELIMITATION and TERRITORIAL QUESTIONS BETWEEN QATAR and BAHRAIN (QATAR V

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MARITIME DELIMITATION and TERRITORIAL QUESTIONS BETWEEN QATAR and BAHRAIN (QATAR V COUR INTERNATIONALE DE JUSTICE RECUEIL DES ARRÊTS, AVIS CONSULTATIFS ET ORDONNANCES AFFAIRE DE LA DÉLIMITATION MARITIME ET DES QUESTIONS TERRITORIALES ENTRE QATAR ET BAHREIN (QATAR c. BAHREIN) FOND ARRÊT DU 16 MARS 2001 INTERNATIONAL COURT OF JUSTICE REPORTS OF JUDGMENTS, ADVISORY OPINIONS AND ORDERS CASE CONCERNING MARITIME DELIMITATION AND TERRITORIAL QUESTIONS BETWEEN QATAR AND BAHRAIN (QATAR v. BAHRAIN) MERITS JUDGMENT OF 16 MARCH 2001 COUR INTERNATIONALE DE JUSTICE RECUEIL DES ARRÊTS, AVIS CONSULTATIFS ET ORDONNANCES AFFAIRE DE LA DÉLIMITATION MARITIME ET DES QUESTIONS TERRITORIALES ENTRE QATAR ET BAHREÏN (QATAR c. BAHREIN) FOND INTERNATIONAL COURT OF JUSTICE IiEPORTS OF JUDGMENTS, ADVISORY OPINIONS AND ORDERS CASE CONCEKNING MARITIME DELIMITATION AND TERRITORIAL QUESTIONS BETWEEN QATAR AND BAHRAIN (QATAR v. BAHRAIN) MERITS JUDGMENT OF 16 MARCH 2001 Mode officiel de citation: Délimitation maritime et questions territoriales entre Qatar et Bahreïn, fond, arrêt, C.I.J. Recueil 2001, p. 40 Official citation : Maritime Delimitation and Territorial Questions between Qatar and Bahrain, Merits, Judgment, 1. C.J. Reports 2001, p. 40 No de vente: ISSN 0074-4441 Sales number 820 1 ISBN 92- 1-070919-5 16 MARS 2001 ARRÊT DÉLIMITATION MARITIME ET QUESTIONS TERRITORIALES ENTRE QATAR ET BAHREÏN (QATAR c. BAHREÏN) FOND MARITIME DELIMITATION AND TERRITORIAL QUESTIONS BE'TWEEN QATAR AND BAHRAIN (QATAR v. BAHRAIN) MERITS 16 MARCH 2001 JUDGMENT INTlZRNATIONAL COURT OF JUSTICE YEAR 2001 200 1 16 March General List 16 March 2001 No. 87 CASE CONCERNING MARITIME DELIMITATION AND TERRITORIAL QUESTIONS BETWEEN QATAR AND BAHRAIN (QATAR v. BAHRAIN) MERITS Territorial dispute - The Parties' claims. Geographical setting - Historical context - States formerly protected by Great Britain - Good ofjces of the King of Saudi Arabia - "Bahraini for- mula" - Doha "Mi~zutes". Zubarah - Content and significance of the Agreements concluded on 6 and 12 September 1868 tletitleen the British Government and the Chiefs of Bahrain and Qatar respectiver'y - Lack of direct acts of authority by Bahrain - Irrele- vunce of ties of allegiance between the Naim tribe and the Ruler of Bahrain - Recognition of Qatari sovereignty hy the British and the Ottomans - The un- rat~jîedAnglo-Ottomran Convention of 29 July 1913 and the Anglo-Ottornan Treaty of 9 March 1914 - Position of the British Government - Acts of authority by the Rulcr of Qatar - Events of 1937. Hawar Islands - "Bahraini formula" - Nature and legal significance of the British decision of 11 July 1939 - Validity of the decision - Parties' consent to the process -- Absence of procedural violations - Lack of reasons - Oppos- ability - Significance of ofJicial protests by Qatar - No need for the Court to rule on original title, geographical proximity, territorial unity, effectivités, or the principle of uti possidetis juris. Janan and Hadd Janan - No defnition of the Hawar Islands in the British decision of 11 July 1!)39 - Lists produced hy Bahrain in 1936, 1937, 1938 and 1946 - Letters sent on 23 December 1947 to the Rulers of Qatar and Bahrain by the British Government Authoritative interpretation of the British decision of 11 July 1939. Request for the drawing of a single maritime boundary - Delimitation of various jurisdictions - Delimitation of the territorial sea of two States with opposite coasts - Delimitation of the continental shelf and the exclusive eco- MARITIME DELIMITATION AND TERRITORIAL QUESTIONS (JUDGMENT) 41 omic zone of two States with coasts comparable to adjacent coasts. Law applicable to the delimitation - 1958 Convention on the Territorial Sea and the Contiguous Zone - 1982 United Nations Convention on the Law of the Sea - Customary itrternational law. Method consisting of provisionally drawing an equidistance line and adjusting it to take acrount oj special circumstances or to obtain an equitable result. Determination of baselines and basepoints -- Relevant coasts - Relevant baselines -Low-water line and straight baselines - Claim to status of an archipelagic State - Finality of the Judgrnent. Fasht al Azm - t'art of island or low-tide elevation. Qit'at Jaradah - Island status- Acts performed titre de souverain - Construction of navi~:ationalaids. Fasht ad Dibal - Low-tide elevation - Low-tide elevations situated in the territorial sea of only one State - Low-tide elevations situated in the over- lapping zone of the territorial seas of two States - Question of appropriation. Equidistancelspeci~ilcircumstances rule - Location and small size of an island. Equitable principleslrelevant circurnstances - Pearling banks - Line divid- ing the seabed established in 1947 by the British Government - Respective lengths of the relevant coasts - Fasht al Jarim - Effect of this maritime fea- ture on the delimitation. Delimitation undertaken without affecting rights of third States. Single delimitation line - Co-ordinates of that line. Waters separating the Hawar Islands from the other Bahraini Islands - Not interna1 waters - Right of innocent passage - Passage of Qatari vessels through Bahrain's territorial waters. JUDGMENT Present: President GUILLAUME;Vice-President SHI;Judges ODA, BEDJAOUI, RANJEVA,HERCZEGH, FLEISCHHAUER, KOROMA, VERESHCHETIN, Hicci~s,PARRA-ARANGUREN, KOOIJMANS, REZEK, AL-KHASAWNEH, BUERGENTHAL;Judges ad hoc TORRESBERNARDEZ, FORTIER; Registrar COUVREUR. In the case concerning maritime delimitation and territorial questions, between the State of Qatar, represented by H.E. Mr. Abdullah bin Abdulatif Al-Muslemani, Secretary-General of the Cabinet of the Government of the State of Qatar, as Agent and Counisel; Mr. Adel Sherbini, Legal Adviser, MARITIME DELIMITATION AND TERRITORIAL QUESTIONS (JUDGMENT) 42 Mr. Sami Abushaikha, Legal Expert, as Counsel; Mr. Eric David, Professor of International Law, Université libre de Bruxelles. Mr. Ali bin Fetais Al-Meri, Director of Legal Department, Diwan Amiri, Mr. Jean-Pierre Qluéneudec, Professor of International Law, University of Paris 1 (panthéon- orb bonne), Mr. Jean Salmon, Professor emeritus of International Law, Université libre de Bruxelles, Member of the Institut de droit international, Mr. R. K. P. Shankardass, Senior Advocate, Supreme Court of India, former President of the International Bar Association, Sir Ian Sinclair, K.C.M.G., Q.C., Barrister at Law, Member of the Institut de droit international, Sir Francis Vallat, G.B.E., K.C.M.G., Q.C., Professor emeritus of Interna- tional Law, University of London, Member emeritus of the Institut de droit international, Mr. Rodman R. Biundy, avocat à la Cour d'appel de Paris, Member of the New York Bar, Frere CholmeleylEversheds, Paris, Ms Nanette E. Pilkington, avocat à la Cour d'appel de Paris, Frere Cholme- ley/Eversheds, Paris, as Counsel and Aclvocates; Ms Cheryl Dunn, Member of the State Bar of California, Frere Cholmeleyl Eversheds, Paris, Ms Ines Sabine Wilk, Rechtsanwalt before the Court of Appeal, Member of the Chamber of Lawyers of Berlin, as Counsel Mr. Scott B. Edmonds, Director of Cartographic Operations, MapQuest.com, Columbia, Maryland (United States of America), Mr. Robert C. Rizzutti, Project Manager, MapQuest.com, Columbia, Mary- land (United States of America), Ms Stephanie K. Clark, Senior Cartographer, MapQuest.com, Columbia, Maryland (United States of America), as Experts; H.E. Sheikh Hamad bin Jassim bin Jabor Al-Thani, Minister for Foreign Affairs of the St;îte of Qatar, H.E. Mr. Ahmed bin Abdullah Al-Mahmoud, Minister of State for Foreign Affairs of the State of Qatar, as Observers; and the State of Bahrain, represented by H.E. Mr. Jawad Salim Al-Arayed, Minister of State of the State of Bahrain, as Agent; Mr. Fathi Kemicha, Kemicha & Associés (Tunis), avocat à la Cour d'appel de Paris, Sir Elihu Lauterpacht, Q.C., C.B.E., Honorary Professor of the University of Cambridge, Menlber of the Institut de droit international, MARITIME DELIMITATION AND TERRITORIAL QUESTIONS (JUDGMENT) 43 Mr. Jan Paulssori, Freshfields, Paris, avocat a la Cour d'appel de Paris, Member of the District of Columbia Bar (United States of America), Mr. Michael Reisman, Myres S. McDougal Professor of International Law of Yale Law <ichool, Member of the Bar of Connecticut, associé de l'Institut de droit international, Mr. Robert Volterra, Freshfields, London, Member of the Bar of Upper Canada, Mr. Prosper Weil, Emeritus Professor at the University of Paris II (Pan- théon-Assas), Member of the Académie des sciences morales et politiques (Institut de France), Member of the Institut de droit international, as Counsel and Aldvocates; Sheikh Khalid biri Ahmed Al-Khalifa, First Secretary, Ministry of Foreign Affairs of the State of Bahrain, Commander Christopher Carleton, M.B.E., Head of the Law of the Sea Division of the United Kingdom Hydrographic Office, Mr. Hongwu Chen, Freshfields, Paris, avocat à la Cour d'appel de Paris, Member of the Beijing Bar, Mr. Graham Coop, Freshfields, Paris, Barrister and Solicitor of the High Court of New Zealand and Solicitor of the Supreme Court of England and Wales. Mr. Andrew Newcombe, Freshfields, Paris, Member of the Bar of British Columbia (Canada), Ms Beth Olsen, Adviser, Ministry of State of the State of Bahrain, Mr. John Wilkinson, Former Reader at the University of Oxford, Emeritus Fellow, St. Hugh's College, Oxford, as Advisers; H.E. Sheikh Mohammed bin Mubarak Al Khalifa, Minister for Foreign Affairs, State of Bahrain, H.E. Sheikh Abdul-Aziz bin Mubarak Al Khalifa, Ambassador of the State of Bahrain to the Netherlands, H.E. Mr. Mohammed Jaber Al-Ansari, Adviser
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