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Resolution

Whereas:

I.
The Court has received from the geographical expert the report on his work carried out in the sector subject to this arbitration between 23 January and 2 February 1995, entitled "Report of the Court’s geographical expert on the surveying and topographic demarcation work preceding the erection of the boundary posts on the water-parting between boundary post 62 and Mount Fitzroy identified in paragraph 151 of the Award" of 21 October 1994 and "Map showing the course of the frontier line identified in paragraph 151" thereof.
II.
According to the report, the field work completed the topographic demarcation of the line decided upon by the Court in its Award of 21 October 1994 and the places where the boundary posts are to be erected have been indicated, leaving pending the physical erection of these posts and the formal declaration of Cerro Gorra Blanca and Mount Fitzroy as natural boundary marks.
III.
On 22 February 1995 the Court deferred its decision on the said report and map and its resolution on the execution of the Award until it had pronounced on the Chilean document of 31 January 1995.
IV.
The Court has pronounced on today’s date on the request for revision and subsidiary interpretation of the Award of 21 October 1994 submitted by Chile.

Considering:

I.
That the Court has analyzed in detail the report and map submitted by the geographical expert.
II.
That the report and map so submitted are in conformity with the provisions of the Award of 21 October 1994.
III.
That it is appropriate for the practical work of erecting the boundary posts, which is the responsibility of the Mixed Boundary Commission, to be carried out under the direction and control of the Court’s geographical expert.
IV.
That it is likewise appropriate for the Court’s geographical expert to prepare the records of the erection of the boundary posts and of the formal declaration of Cerro Gorra Blanca and Mount Fitzroy as natural boundary marks.

Accordingly, the Court, by three votes to two

For. Mr. Nieto Navia, Mr. Barberis and Mr. Nikken,

Against: Mr. Galindo Pohl and Mr. Benadava,

Resolves:

I.
To approve the report of the geographical expert entitled "Report of the Court’s geographical expert on the surveying and topographic demarcation work preceding the erection of the boundary posts on the water-parting between boundary post 62 and Mount Fitzroy identified in paragraph 151 of the Award" of 21 October 1994, the map entitled "Map showing the course of the frontier line identified in paragraph 151" thereof, and the demarcation work which has been carried out.
II.
That the boundary posts are to be erected at the points marked on the ground by the expert, in accordance with the following coordinates:

(a) Summit at 1,767 metres:

X= 1,441,974,736 Y = 4,576,143,265

(b) Pass between Lakes Redonda and Larga or Portezuelo de la Divisoria:

X = 1,440,497,242 Y = 4,577,042,867

(c) Portezuelo del Tambo:

X= 1,427,793,111 Y = 4,573,361,894

III.
That in the sections listed below, the path of the frontier line decided upon by the Award of 21 October 1994 passes through points having the following coordinates, determined topographically on the ground:

(a) Section of the water-parting which descends from the point on the west slope of the summit at 1,767 metres to the pass between Lakes Redonda and Larga or Portezuelo de la Divisoria (annex 4, Report, p. 32):

—Point 4 X= 1,440,589,567 Y = 4,577,020,077

—Point 5 X= 1,440,952,164 Y = 4,576,934,798

—Point6 X= 1,441,090,181 Y = 4,576,879,505

(b) Section of the water-parting which ascends from the pass between Lakes Redonda and Larga or Portezuelo de la Divisoria to an unnamed summit at 1,629 metres (annex 5, Report, p. 36):

—Point 1 X = 1,437,875,227 Y = 4,576,578,507

—Point2 X= 1,438,005,302 Y = 4,576,452,714

—Point3 X= 1,438,717,165 Y = 4,576,367,233

(c) Section of the water-parting which runs across Marconi Pass and the lower part of the Gorra Blanca (Sur) glacier (annex 6, Report, p. 39):

—Point 1 X = 1,416,821,414 Y = 4,551,602,494

—Point 2 X= 1,416,935,343 Y = 4,551,991,654

—Point 3 X= 1,416,993,963 Y = 4,552,173,551

—Point 4 X= 1,416,995,938 Y = 4,552,314,144

—Point 5 X= 1,417,098,762 Y = 4,552,476,857

—Point 6 X= 1,418,262,787 Y = 4,553,390,422

II.
To deliver to the Parties copies of the said report and map.
III.
To instruct the Court’s geographical expert that, with the assistance of the Mixed Boundary Commission and of the representatives participating in it, he shall direct the work of erecting the boundary posts referred to in this Resolution, deal with any technical problems which may arise in this work, and proceed to prepare and sign the corresponding records of the erection of the boundary posts and of the formal declaration of Cerro Gorra Blanca and Mount Fitzroy as natural boundary marks. This work shall be completed before 31 January 1996.
Done in Rio de Janeiro, 13 October 1995.
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