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Case Concerning Maritime Delimitation and Territorial Questions Between Qatar and Bahrain (Qatar v. Bahrain)

International Court of Justice.  01 July 1994 ; 15 February 1995 ; 28 April 1995 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International Court of Justice Disputes — Nature of dispute — Definition — Different views of dispute — When dispute sufficiently defined for adjudication — Agreement to submit whole dispute to International Court of Justice — Whether unilateral application by one Party placed whole dispute before the Court

International Court of Justice — Jurisdiction — Requirement of consent — Agreement between Parties to submit whole dispute to Court — Relationship between jurisdiction and seisin — Method of seisin — Whether agreement envisaged seisin by unilateral application — 1987 and 1990 agreements between Bahrain and Qatar — Whether sufficient to provide basis for the jurisdiction of the Court — Whether consent to jurisdiction conditional upon conclusion of a special agreement — Invitation by Court to Parties to submit whole dispute to the Court by joint or separate acts — Submission by one Party acting alone — Whether sufficient — Admissibility

International Court of Justice — Procedure — Method of seisin — Unilateral application — Procedural consequences — Invitation by Court to Parties to submit whole dispute to it by joint or separate acts — Whether Court envisaging coordinated acts by both Parties — Unilateral act by one Party — Time-limits for filing of Memorials

Treaties — Definition — Essential nature of a treaty — Form of agreement irrelevant — Treaty contained in several separate instruments — Minutes of a meeting — Whether capable of amounting to a treaty — Intention of the parties — Foreign Minister not authorized to sign binding agreement and not intending to do so — Whether preventing minutes from constituting a treaty — Vienna Convention on the Law of Treaties, 1969, Article 2(l)(a)

Treaties — Interpretation — Principles of interpretation — Common intention of the parties as revealed in the text — Recourse to supplementary means of interpretation — Travaux préparatoires — Recourse to negotiating history to confirm interpretation of text — Effect of conflict between interpretation reached by study of text and negotiating history

Type
Case Report
Copyright
© Cambridge University Press 1996

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