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[p.165]
The Chamber of the International Court of Justice formed to deal with the
case concerning delimitation of the maritime boundary in the Gulf of Maine
area,
Composed as above,
After deliberation,
Having regard to Articles 48 and 50 of the Statute of the Court,
Having regard to Article II of the Special Agreement between the Government
of Canada and the Government of the United States of America signed on 29
March 1979, and notified to the Court on 25 November 1981, for the
submission to a chamber of the Court the delimitation of the maritime
boundary in the Gulf of Maine area, which provides as follows:
"1. The Chamber is requested to decide, in accordance with the principles
and rules of international law applicable in the matter as between the
Parties, the following question:[p 166]
What is the course of the single maritime boundary that divides the
continental shelf and fisheries zones of Canada and the United States of
America from a point in latitude 44° 11' 12" N, longitude 67° 16' 46" W to a
point to be determined by the Chamber within an area bounded by straight
lines connecting the following sets of geographic coordinates: latitude 40°
N, longitude 67° W ; latitude 40° N, longitude 65° W ; latitude 42° N,
longitude 65° W ?
2. The Chamber is requested to describe the course of the maritime boundary
in terms of geodetic lines connecting geographic coordinates of points. The
Chamber is also requested, for illustrative purposes only, to depict the
course of the boundary on Canadian Hydro-graphic Service Chart No. 4003 and
United States National Ocean Survey Chart No. 13006, in accordance with
Article IV.
3. The Parties shall request the Chamber to appoint a technical expert
nominated jointly by the Parties to assist it in respect of technical
matters and, in particular, in preparing the description of the maritime
boundary and the charts referred to in paragraph 2. The Registrar is
requested to provide the expert with copies of each Party's pleadings when
such pleadings are communicated to the other Party. The expert shall be
present at the oral proceedings and shall be available for such
consultations with the Chamber as it may deem necessary for the purposes of
this Article.
4. The Parties shall accept as final and binding upon them the decision of
the Chamber rendered pursuant to this Article ";
Whereas by a joint letter dated 12 October 1983 the Agents of the Parties,
after referring to Article II, paragraph 3, of the Special Agreement,
requested the appointment of Peter Bryan Beazley, a Commander (retired) in
Her Britannic Majesty's Navy, as the technical expert contemplated by the
said Article II,
Makes the following Order:
1. Commander Peter Bryan Beazley is hereby appointed as technical expert to
assist the Chamber in respect of technical matters and, in particular, in
preparing the description of the maritime boundary and the charts referred
to in Article II, paragraph 2, of the Special Agreement.
2. Before taking up his duties the technical expert shall make the
following solemn declaration before the Chamber:
"I solemnly declare, upon my honour and conscience, that I will perform my
duties as technical expert honourably and faithfully, impartially and
conscientiously and will refrain from divulging or [p 167] using, outside
the Chamber of the Court, any documents or information of a confidential
character which may come to my knowledge in the course of the performance of
my task."
3. The Registrar shall place the pleadings and annexed documents in the case
at the disposal of the technical expert, who shall treat them as
confidential so long as they have not been made available to the public in
accordance with Article 53, paragraph 2, of the Rules of Court.
4. The technical expert shall be present at the oral proceedings in the
case. He shall further be available for such consultations with the Chamber
as it may deem necessary.
Done in French and English, the French text being authoritative, at the
Peace Palace, The Hague, this thirtieth day of March one thousand nine
hundred and eighty-four, in three copies, one of which will be placed in the
archives of the Court and the others transmitted to the Government of Canada
and the Government of the United States of America respectively.
(Signed) Roberto Ago
President of the Chamber.
(Signed) Santiago Torres Bernerdez,
Registrar. |
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