http://www.uu.nl/nilos/onlinepapers SUBMISSIONS TO THE UN CLCS IN CASES OF DISPUTED AND UNDISPUTED MARITIME BOUNDARY DELIMITATIONS OR OTHER UNRESOLVED LAND OR MARITIME DISPUTES OF DEVELOPING STATES by Prof. Dr. Barbara Kwiatkowska Farewell Lecture of Prof. B. Kwiatkowska, NILOS Deputy Director 1985-2009, held at the Faculty of Law, Economics & Governance - School of Law, Utrecht University on 9 December 2011. Prof. Kwiatkowska is grateful to School of Law’s Head Prof. Ige F. Dekker and NILOS Director Prof. Alfred H.A. Soons for their gracious formal Speeches and to Prof. Albert W. Koers and Terry Gill for their heartwarming informal Speeches during her celebration. CONTENTS Introduction 1. Fundamental Principles of Not Prejudicing of Disputed and Undisputed Maritime Boundary Delimitations or Other Unresolved Land or Maritime Disputes under the UNCLOS and the CLCS Rules 2. Definition of the Term “Dispute” under the UNCLOS and the CLCS Rules 3. Submissions in Latin America and the Wider Caribbean Sea 3.1. From 1992 Canada/France (St. Pierre & Miquelon) Award to the 2006 UNCLOS Annex VII Barbados/Trinidad & Tobago (Jurisdiction and Merits) Award 3.1.1. 1992 Canada/France (St. Pierre & Miquelon) Award 3.1.2. 2006 UNCLOS Annex VII Barbados/Trinidad & Tobago (Jurisdiction and Merits) Award 3.2. The Ensuing Submissions to the CLCS 3.2.1. Guyana, French Guyana, Suriname, Barbados, Trinidad & Tobago, French Antilles (Martinique & Guadeloupe) 3.2.2. Costa Rica, Nicaragua, Honduras, Cuba 3.2.3. Brazil, Uruguay, Argentina 3.2.4. Argentina, UK (Falklands), UK (Ascension), Chile, Peru, Ecuador 3.2.5. Western & Eastern Gulf of Mexico - Mexico, Cuba, United States 4. Submissions in the Northeast and Southeast Asia 4.1. Northeast and East Asia - China, Japan, Republic of Korea 4.2.Special Case of Okinotorishima - Japan, China, Republic of Korea 4.3.Southeast Asia - China, Malaysia, Vietnam, Brunei, Indonesia, Philippines 5. Submissions in the South Pacific and U.S. Marine National Monuments 6. Submissions in South Asia and the Middle East 6.1. Bangladesh, Myanmar, India 6.2.Maldives, Sri Lanka, India, Myanmar, Kenya - Annex II of UNCLOS III Final Act 6.3.Oman, Pakistan, India, Yemen, Somalia 1 7. Submissions in Africa 7.1. East Africa - Indian Ocean 7.1.1. Yemen, Somalia, Kenya, Tanzania 7.1.2. Mauritius, UK (BIOT-Chagos), Maldives 7.1.3. France (Tromelin), France (Reunion), Seychelles, Mauritius, Tanzania, Comoros, Mozambique,South Africa, France (Iles Eparses/Scattered Islands), Madagascar 7.2. South and West Africa 7.2.1. South Africa (Prince Edward)/France (Crozets), South Africa, Namibia, Angola, DRCongo, Republic of Congo 7.2.2. Gulf of Guinea and ECOWAS - Gabon, Equatorial Guinea, Cameroon, SaoTome & Principe, Nigeria, Ghana, Cote d’Ivoire, Benin, Togo 7.3. West and North Africa 7.3.1. Cape Verde, Mauritania, Morocco, Gambia, Senegal, Guinea-Bissau, Guinea, Sierra Leone, Liberia 7.3.2. Morocco, Portugal, Spain Conclusion 2 Introduction Mijnheer de Rector Magnificus, Waarde Collegae, Geachte Toehorders, In view of circumstances which most of you appreciate, I took a liberty of moving my brief words of thanks from the end into the beginning of my Valedictory Lecture - Afscheidsrede, which given our hope that I continue to work, could perhaps rather be called a Lecture on the occasion of 27 Years at NILOS. If we took account of my first 10 years in Poland and 4 years at Universities of Tilburg and Maastricht, it would be a Lecture on the occasion of 41 Years with the UNCLOS as a part of the global system of peace and security. As regards my words of thanks, let me start from assuring You that it has been my distinct pleasure to work at this Faculty at NILOS for the past over 27 years with Professor Fred Soons, of whom I had a privilege to be Deputy Director in the years 1985-2009, and with Erik Molenaar, Harm Dotinga and Alex Oude Elferink. We brought NILOS to the status of centre of excellence in ocean affairs worldwide by two decades of our joint publication of NILOS Yearbook of International Organizations and the Law of the Sea, and by our active participation in the Rhodes Oceans Academy and the International Law Association (ILA) which was stimulated by Professor Soons’ ILA Directorship of Studies, and by our numerous and well known publications, including our joint contributions to Noordwijk aan Zee Conference, to the 2005 London Conference and more recently to the leading international legal Journal that marked 25th UNCLOS Anniversary. It has always been a pleasure to work as well with younger NILOS staff, partly my students, including Yoshi, Patricia, Sarah,Veronika, Pieter, Bettina, Petra, Youri, Jessica and Irina. Petra and Bettina have in fact meanwhile joined Fred, Erik and Alex in forming core of NILOS, which Harm after 15 years recently left, while Sarah has grown to valued researcher in the prestiguous Lauterpacht Centre at the University of Cambridge in England. My appreciation for their friendship and variety of important arrangements goes, moreover, chronologically to: * former Director Frans Alting von Geusau of John F. Kennedy Institute at Tilburg Faculty of Law, * former SIM Director Kees Flinterman, as succeeded by Prof. Jenny Goldschmidt, * inaugural NILOS Director and former REBO Dean Albert Koers who launched NILOS research and teaching in Southeast Asia and who recently reappeared together with Prof. Jaspers in illuminating Koers Commission concerning REBO Research Evaluation, * former REBO Dean Adriaan Dorresteijn, * former and current Netherlands Legal Advisers Hans Lammers and Liesbeth Lijnzaad of Ministry of Foreign Affairs, * former and current Publishing Directors of International Law Annebeth Rosenboom, Hans van der Meij and Ingeborg van der Laan of Martinus Nijhoff, * former and current Voorzitters Vakgroep, Professors Sacha Prehal, Teun Jaspers and Frans Pennings, * former and current Vakgroep Managers Wim Welling, Anita Verdonk, Jan van der Stelt and Pia Teeuw, of whom Anita and Jan continue in important functions at Janskerkhof 3, * Director Utrechts Universiteitsfonds Marteen Vervaat and Satish Sewraj and all their predecessors involved in my longstanding appointment as bijzondere hoogleeraar 3 Internationaal Recht van de Zee, * current REBO Dean Professor Henk Kummeling and his Vice-Dean and the Head of our Law School - Professor Ige Dekker, as well as Director of REBO Personnel - Wim de Smidt and Annet de Vries. Ige Dekker has also remained one of our best Volkenrecht friends, who apart from Fred Soons, still include Terry Gill and his prominent Handbook of the International Law of Military Operations, Eric Meijer and his International Journal of Conflict and Security Law, Oliver Ribbelink, Antoinette Hilderink, Cedric Ryngaert, who just published with Ige Dekker their Immunity of Int. Organizations and in the past, among others - Wouter Werner, Andre Nollkaemper, Bibi van Ginkel, Arie Trouwborst and Kees Roelofsen, who has recently been invited by Professor Soons to preparation - together with Professors Koskenniemi, Gill and Meijer - of the 300 Years of Utrecht Peace Treaties forthcoming in September 2013. It has indeed been as stimulating as rewarding to be all those years a part of this dynamic group. Turning now to wetenschappelijk deel van mijn Afscheidsrede I wish to note that Judicial Leadership in peaceful resolution of law of the sea related disputes, as a part of global peace and security and as a part of general international law, has since almost 100 years been resting with the principal judicial organ of the United Nations - International Court of Justice (ICJ-PCIJ) and the Permanent Court of Arbitration (PCA), both located in the glamorous Peace Palace in the World’s judicial capital The Hague, as followed by the first maritime delimitation case launched only in 2010 in the International Tribunal for the Law of the Sea (ITLOS) in Hamburg, Germany.1 As the UNSC Presidential Statement on Peaceful Settlement of Disputes S/PRST/2010/11 of 29 June 2010 in its first three paragraphs reiterated: The Security Council reaffirms its commitment to the Charter of the United Nations and international law, and to an international order based on the rule of law and international law, which is essential for peaceful coexistence and cooperation among States in addressing common challenges, thus contributing to the maintenance of international peace and security. The Security Council is committed to and actively supports the peaceful settlement of disputes and reiterates its call upon Member States to settle their disputes by peaceful means as set forth in Chapter VI of the Charter of the United Nations. The Council emphasizes the key role of the International Court of Justice, the principal judicial organ of the United Nations, in adjudicating disputes among States and the value of its work, and calls upon States that have not yet done so to consider accepting the jurisdiction of the Court in accordance with its Statute. The Security Council calls upon States to resort also to other dispute settlement mechanisms, including international and regional courts and tribunals 1B.Kwiatkowska, Decisions of the World Court Relevant to the UN Convention on the Law of the Sea (2nd Revised Edition 2010) at http://www.brill.nl/decisions-world-court-relevant-un-convention-law-sea & http://www.uu.nl/nilos/books; ICJ-PCIJ at www.icj-cij.org; PCA at http://www.pca-cpa.org; and UNDOALOS at http://www.un.org/Depts/los. 4 which offer States the possibility of settling their disputes peacefully, contributing thus to the prevention or settlement of conflict (emphasis added).2 In addition, an invaluable stimulation for peaceful settlement of law of the sea related disputes is also being provided by the UN Commission on the Limits of the 2UNSC Presidential Statement on Peaceful Settlement of Disputes S/PRST/2010/11 of 29 June 2010 (21 pages) at http://www.un.org/News/Press/docs//2010/sc9965.doc.htm via http://www.un.org/en/unpress/index.asp & http://www.un.org/Docs/sc/.