니카라과와 온두라스 간 영토․해양분쟁 사건
Territorial and Maritime Dispute Case between Nicaragua and Honduras
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The International Court of Justice(ICJ) delivered its judgment on the Case Concerning Territorial and Maritime Dispute between Nicaragua and Honduras(Nicaragua/Honduras Case) on 8 October 2007. Originally the issue raised by Nicaragua was about maritime delimitation between the two Caribbean countries. However, sovereignty over islands issue was added when Nicaragua requested the Court to decide on which country is the owner of the islands Bobel Cay, Savanna Cay, Port Royal Cay, and South Cay. Honduras insisted that the 4 disputed islands had been their territory under the Uti Possidetis Juris principle since its independence from Spain. But the claim was rejected by the court. Honduras presented various evidences to show its effectivites. The materials and written statements presented by Honduras were about legislative and administrative control, application and enforcement of criminal and civil law, regulation of immigration, regulation of fisheries activities, naval patrol, oil concession, and public works related to the islands. The court allowed as evidence some materials related to enforcement of criminal and civil law, immigration regulation, fisheries activities regulation. So the court concluded that Honduras had showed a sufficient pattern of conduct to act as the owner of the islands. Honduras insisted that there had been de facto maritime boundary along the 15° between Nicaragua and Honduras. However the court found that the contention of Honduras can not be sustained. The Court also concluded that there was no tacit agreement between the Parties of a nature to establish a legally binding maritime boundary. Nicaragua and Honduras thought that the equidistance method was not reasonable to delimit maritime boundary between them. The Court also considered some form of bisector of the angle created by lines representing the relevant mainland coasts could be a suitable basis for maritime delimitation. Therefore bisector method was applied for the single maritime boundary delimitation. The small islands Bobel Cay, Savanna Cay, Port Royal Cay, and South Cay were allowed only territorial sea of 12 nautical miles.
Abstract
The International Court of Justice(ICJ) delivered its judgment on the Case Concerning Territorial and Maritime Dispute between Nicaragua and Honduras(Nicaragua/Honduras Case) on 8 October 2007. Originally the issue raised by Nicaragua was about maritime delimitation between the two Caribbean countries. However, sovereignty over islands issue was added when Nicaragua requested the Court to decide on which country is the owner of the islands Bobel Cay, Savanna Cay, Port Royal Cay, and South Cay. Honduras insisted that the 4 disputed islands had been their territory under the Uti Possidetis Juris principle since its independence from Spain. But the claim was rejected by the court. Honduras presented various evidences to show its effectivites. The materials and written statements presented by Honduras were about legislative and administrative control, application and enforcement of criminal and civil law, regulation of immigration, regulation of fisheries activities, naval patrol, oil concession, and public works related to the islands. The court allowed as evidence some materials related to enforcement of criminal and civil law, immigration regulation, fisheries activities regulation. So the court concluded that Honduras had showed a sufficient pattern of conduct to act as the owner of the islands. Honduras insisted that there had been de facto maritime boundary along the 15° between Nicaragua and Honduras. However the court found that the contention of Honduras can not be sustained. The Court also concluded that there was no tacit agreement between the Parties of a nature to establish a legally binding maritime boundary. Nicaragua and Honduras thought that the equidistance method was not reasonable to delimit maritime boundary between them. The Court also considered some form of bisector of the angle created by lines representing the relevant mainland coasts could be a suitable basis for maritime delimitation. Therefore bisector method was applied for the single maritime boundary delimitation. The small islands Bobel Cay, Savanna Cay, Port Royal Cay, and South Cay were allowed only territorial sea of 12 nautical miles.
참고문헌 (26)
- Anderson, David H., "Maritime Delimitation in the Black Sea Case", The Law and Practice of International Courts and Tribunals, 8 (2009)
- Antunes, Nuno Marques, "Towards the Conceptualization of Maritime Delimitation : Legal and Technical Aspects of a Political Process" (2003), Martinus Nijhoff Publishers
- Brown, E. D., "The International Law of the Sea" (1994), Dartmouth Publishing Co.
- Bowett, D. W., "The Legal Regime of Islands in International Law" (1979), Oceana Publications Inc.
- Caminos Hugo, "Law of the Sea" (2001), Ashgate
- Churchill, R. R, "The Law of the Sea" (1999), Manchester University Press
- Charney, Jonathan, "Rocks that cannot Sustain Human Habitation", American Juornal of International Law, 93 (1999)
- Clingan, Thomas A., "The Law of the Sea : Ocean Law and Policy" (1994), Austin & Winfield
- R. D. Hodgson, "Islands : Normal and Special Circumstances, In The Law of the Sea : The Emerging Regime of the Oceans" (1973), Ballinger Publishing Co.
- Jayewardene, Hiran W., "The Regime of Islands in International Law", pp.3~4 (1990), Martinus Nijhoff Publishers
- Kwiatkowska, Barbara, "The Qatar v. Bahrain Maritime Delimitation and Territorial Questions Case", Ocean Development and Inter- national Law, 33
- Kwiatkowska, Barbara, "The Landmark 2006 UNCLOS Annex Ⅶ Barbados", Trinidad and Tobago Maritime Delimitation Award, George Washington, 2008, pp.39, ~
- Kwiatkowska, Barbara, "The Contribution of the World Court to the Development of the Law of the Sea" (2002), Bookworld Publications
- Mcdorman, Ted, "The Role of the Commission on the Limits of the Continental Shelf : A Technical Body in a Political World", International Journal of Marine and Coastal Law, 16 (2002)
- Merrils, "The International Court of Justice and Adjudication of Territorial and Boundary Disputes", Leiden Journal of Inter- national Law, 13 (2000)
- Nordquist, M. H, "Security Flashpoints" (1998), Martinus Nijhoff Publishers
- Oxman, Bernard B., "The Territorial Temptation : A Siren Song at Sea", American Journal of International Law, 100 (2006)
- Rosenne, S, "The Qatar v. Bahrain Case : What is the Treaty? A Framework Agreement and the Seising of the Court", Leiden Journal of International Law, 8 (1995)
- Rothwell, Donald R, "Issues and Strategies for Outer Continental Shelf Claims", International Journal of Marine and Coastal Law, 23 (2008)
- Shaw, Malcolm N., "International Law" (1997), Cambridge
- Shi Jiuyong, "Maritime Delimitation in the Jurisprudence of the International Court of Justice", Chinese Journal of International Law, 9(2010) (2010)
- Sohn, Louis B., "Cases and Materials on the Law of the Sea" (2004), Transnational Publishers
- C. R. Symmons, "The Maritime Zones of Islands in International Law", pp.23~ (1979), Martinus Nijhoff Publishers Co.
- "University of Virginia Center for Oceans Law and Policy, United Nations Convention on the Law of the Sea 1982 : A Commentary, Vol. Ⅱ" (1993)
- Van Dyke, J. M, "Uninhabited Islands : Their Impact on the Ownership of the Ocean's Resources", Ocean Development and International Law, 12 (1983)
- Weil, Prosper, "The Law of Maritime Delimitation-Reflections" (1989), Grotius Publications