Maritime Delimitation (Publications on Ocean Development, - download pdf or read online

By Rainer Lagoni, Daniel Vignes

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9. The reasoning does not seem fully convincing. The decisive issue is that the decisions of the Commission are of a recommendatory nature. 19 See the definition which is well established in international jurisprudence in: Case concerning East Timor (Portugal v. J. Reports 1995, pp. 99–100, para. 22. The Role of International Dispute Settlement Institutions 27 However, the respective dispute settlement mechanism would in this case have to deal with the assessment of the Commission concerning the methodology used by the coastal State concerned.

M. Nelson, “The Continental Shelf: Interplay of Law and Science”, in: N. Ando, E. McWhinney, R. ), Liber Amicorum Judge Shigeru Oda (The Hague/London/Boston, Kluwer Law International, 2002), pp. 1235–1253. 7 Annex II to the Convention provides that a State has to make its submission as soon as possible but in any case within 10 years of the entry into force of the Convention for that State (Art. 4, Annex II, Convention). The 10-year limit has been relaxed by a decision of the Meeting of States Parties to the Convention of 29 May 2001.

13 For example, the request for provisional measures of Guinea-Bissau in the case concerning the Arbitral Award of 31 July 1989 was rejected by the Court for that very reason. In effect, the application of Guinea-Bissau introducing the case asked the Court to pass upon the existence and validity of the Arbitral Award, while the rights sought by GuineaBissau to be preserved by its request for provisional measures did not concern the existence and validity of the Award. They concern alleged rights in an underlying maritime delimitation dispute which then was not even before the Court.

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