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12 - Conclusions

Published online by Cambridge University Press:  14 September 2009

Kaiyan Homi Kaikobad
Affiliation:
University of Durham
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Summary

By way of concluding remarks, it will be interesting to consider a few salient features of these two judicial remedies. In the first place, the remedies of interpretation and revision have a basic, practical usefulness when seen at the immediate, bilateral level. It can hardly be doubted that, for litigating States, these two processes are invaluable insofar as they provide opportunities for remedying difficulties which may have crept into the decision. An examination of the cases showed that the difficulties which can bedevil a State after the decision has been rendered are many and varied, and that their manifestations can range from simple, uncontroversial, typographical errors in the judgment or award, to the admission of hitherto undiscovered facts of crucial importance, with disputes, including the choice of a boundary watershed or the location of a branch or source of a frontier river, intermingling between them.

The sources of these difficulties are equally manifold, and include the lack of a proper geographical survey and the existence of an ambiguous passage or passages in the decision; difficulties may also arise as a consequence of technical miscalculations in the dispositif. Apart from the mundane political and procedural worries they may bring in their train, applications for interpretation and revision will nearly always involve issues associated with the loss of territory.

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Publisher: Cambridge University Press
Print publication year: 2007

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  • Conclusions
  • Kaiyan Homi Kaikobad, University of Durham
  • Book: Interpretation and Revision of International Boundary Decisions
  • Online publication: 14 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494192.013
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  • Conclusions
  • Kaiyan Homi Kaikobad, University of Durham
  • Book: Interpretation and Revision of International Boundary Decisions
  • Online publication: 14 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494192.013
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusions
  • Kaiyan Homi Kaikobad, University of Durham
  • Book: Interpretation and Revision of International Boundary Decisions
  • Online publication: 14 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494192.013
Available formats
×