maritime rights derive from the coastal State's sovereignty over the land, a principle which can be summarized as "the land dominates the sea"... Following this approach, sovereignty over the islands needs to be determined prior to and independently from maritime delimitation.
(Territorial and Maritime Dispute between Nicaragua and Honduras in the Caribbean Sea (Nicaragua v. Honduras), Judgment, I.C.J. Reports 2007, p. 659, at p. 699, para. 126) (hereinafter "Nicaragua v. Honduras")
This Tribunal referred to the principle that the land dominates the sea in its first maritime delimitation judgment (Delimitation of the Maritime Boundary in the Bay of Bengal (Bangladesh/Myanmar), Judgment, ITLOS Reports 2012, p. 4, at p. 56, para. 185).
to delimit... the maritime boundary between Mauritius and Maldives... in the EEZ and continental shelf, including the portion of the continental shelf pertaining to Mauritius that lies more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured
to declare that Maldives has violated its obligation to, pending agreement as provided for in paragraph 1 of Articles 74 and 83 of UNCLOS, make every effort to enter into provisional arrangements of a practical nature and, during such transitional periods, not to jeopardize or hamper the reaching of the final agreement.
1. The delimitation of the [exclusive economic zone] [continental shelf] between States with opposite or adjacent coasts shall be effected by agreement on the basis of international law, as referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve an equitable solution.
2. If no agreement can be reached within a reasonable period of time, the States concerned shall resort to the procedures provided for in Part XV.
3. Pending agreement as provided for in paragraph 1, the States concerned, in a spirit of understanding and cooperation, shall make every effort to enter into provisional arrangements of a practical nature and, during this transitional period, not to jeopardize or hamper the reaching of the final agreement. Such arrangements shall be without prejudice to the final delimitation.
4. Where there is an agreement in force between the States concerned, questions relating to the delimitation of the [exclusive economic zone] [continental shelf] shall be determined in accordance with the provisions of that agreement.
if the Arbitral Tribunal were to accept Ukraine's interpretation of those UNGA resolutions as correct, it would ipso facto imply that the Arbitral Tribunal finds that Crimea is part of Ukraine's territory. However, it has no jurisdiction to do so.
(Coastal State Rights Arbitral Award, p. 54, para. 176)
It is not clear why that logic should not apply to the Chagos advisory opinion as well. Shortly after the hearing on preliminary objections in the present proceedings, the ICJ rendered a judgment in which it noted the close connection for jurisdictional purposes between a boundary dispute and a dispute regarding an arbitral award concerning the boundary (Arbitral Award of 3 October 1899 (Guyana v. Venezuela), Judgment on Jurisdiction, para. 130, to be published in I.C.J. Reports 2020).
Whether it is a land frontier or a boundary line in the continental shelf that is in question, the process is essentially the same, and inevitably involves the same element of stability and permanence, and is subject to the rule excluding boundary agreements from fundamental change of circumstances."
(Aegean Sea Continental Shelf (Greece v. Turkey), Judgment, I.C.J. Reports 1978, p. 3, at pp. 35-36, para. 85; see Vienna Convention on the Law of Treaties, Art. 62, para. 2(a))
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