INTERNATIONAL COURT OF JUSTICE
CASE CONCERNING
MARITIME DELIMITATION IN THE INDIAN OCEAN
SOMALIA
v.
KENYA
MEMORIALOF SOMALIA
VOLUME II
13 JULY 2015 VOLUME II
FIGURES
All maps are for illustrative purposes only
Figure 1.1 The Parties’CoastsAbutting theArea to be Delimited
INTERNATIONAL COURT OF JUSTICE
CASE CONCERNING
MARITIME DELIMITATION IN THE INDIAN OCEAN
SOMALIA
v.
KENYA
MEMORIAL OF SOMALIA
VOLUME I
13 JULY 2015 TABLE OF CONTENTS
Chapter 1. Introduction............................................................................................1
224
6
DECLARATION OF JUDGE CANÇADO TRINDADE
1. In concurring with the adoption of the present Order (of 11 April
2016) of the International Court of Justice (ICJ) in the case of Armed
Activities on the Territory of the Congo (Democratic Republic of the
Congo v. Uganda), in which the Court discloses its prudence as to the
length of the requested extension of time, I feel obliged, at the same time,
to lay on the records, in this declaration, my concern at the continuing
Note: This translation has been prepared by the Registry for internal purposes and has no official
character
List of annexes to the Application
instituting proceedings
1. Paris Cour d’appel, National Financial Prosecutor’s Office, Final submissions seeking
separation of the complaints, and either their dismissal or their referral to the Tribunal
correctionnel, 23 May 2016
2. Institutional Declaration by the President of the Republic of Equatorial Guinea,
21 October 2015
APPENDIX 1
Treaty of Amity, Economic Relations, and Consular Rights
between
Iran and the United States of America
15 August 1955
http://www.icj-cij.org/docket/files/90/7211.pdf
Attachment
[The following texts are taken from the United Nations,
Trea'ty Series, Vol. 284, pp. 93-137. [Note by the Registry]]
No. 4132
UNITED STATES OF AMERICA AND IRAN
TREATY OF AMITY, ECONOMIC RELATIONS,
AND CONSULAR RIGHTS.
SIGNED AT TEHRAN, ON 15 AUGUST 1955
215
119
DECLARATION OF JUDGE AD HOC BROWER
Colombia’s first preliminary objection — The Pact of Bogotá — Interpretation
of Article LVI of the Pact of Bogotá — Guidance from travaux préparatoires —
The principle of effet utile — Articles LVIII and LIX of the Pact of Bogotá.
1. While I am one of the seven Members of the Court who have issued
a joint dissenting opinion vigorously opposing the Judgment’s conclusion,
reached only with the casting vote of the President due to the even,
208
112
DECLARATION OF JUDGE ROBINSON
As set out in joint dissent, Colombia’s third preliminary objection should be
upheld — Declaration elaborates on a particular point of concern — The majority’s
interpretation results in the application of law in a way that overrides an elementary
principle of the Law of Treaties — Rights and obligations under a treaty apply
only in relation to other States parties unless also part of customary international
law — Application of a treaty between a State party and a non‑State party
204
108
DECLARATION OF JUDGE BHANDARI
1. In the present case, I have joined Vice‑President Yusuf, as well as
Judges Cançado Trindade, Xue, Gaja and Robinson in issuing a joint dissenting
opinion that concludes the Court ought to have allowed Colombia’s
third preliminary objection in the instant case, in so far as Nicaragua’s
continental shelf claim is clearly barred by res judicata. The rationales
underpinning that conclusion are fully canvassed in that joint dissenting
opinion and therefore I shall not reference them herein.
202
106
DECLARATION OF JUDGE GAJA
Under “the definition of the continental shelf set out in Article 76,
paragraph 1, of UNCLOS [which] forms part of customary international
law” (Territorial and Maritime Dispute (Nicaragua v. Colombia), Judgment,
I.C.J. Reports 2012 (II), p. 666, para. 118), a coastal State’s entitlement
to an extended continental shelf does not depend on an assessment
by the Commission on the Limits of the Continental Shelf (CLCS). Thus,
the basis of a claim concerning the delimitation of an extended continental