Chapter

Declaration of Judge Higgins Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Qatar v Bahrain), Judgment

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262350.003.0091
Declaration of Judge Higgins Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Qatar v Bahrain), Judgment

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This chapter talks about a case that related to how sovereignty over Janan lied with Bahrain, and therefore the chapter favours in the negative regarding paragraph 3 of the dispositif. But as the International Court of Justice found that sovereignty over Janan lied with Qatar, and as the author of this chapter agrees generally with the delimitation line drawn in the judgment, she voted in favour of paragraph 6. She further believes that, had it so chosen, the Court could also have grounded the title of Bahraini in the Hawars regarding the law of territorial acquisition. Among acts occurring in the Hawars were some that did have relevance in relation to a legal title. These effectivités were no sparser than those on which a title has been founded in other cases. Even if Qatar had, by the time of these early effectivités, extended its own sovereignty to the coast of the peninsula facing the Hawars, it performed no comparable effectivités in the Hawars on its own. These elements are sufficient to displace any presumption of title by the coastal state.

Keywords: International Court of Justice; sovereignty; Janan; Bahrain; Qatar; delimitation; Hawars; territorial acquisition; effectivités

Chapter.  197 words. 

Subjects: Public International Law

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