The M"uti.ster Legal Adviser
ln the case concerning Maritime Delimitation and Territorial Questions between
Omar and Bahrain
\Oatar \". Bahrain}. Jurisdiction and t\dmissibility
ACT
10comply with para~ra p)and 4} of o.perative paracraph 41 of tJud~me nft
the CourJ date<! 1 Ju1y 1994
•
In order to comply with the Judgment delivered by the Court on l July 1994 in the
case concemmg Maritime Delimitation and Territorial Questions betv.:een Qatar and
Bahrain (Qatar v.BahrainL Jurisdiction and Admissibility. the rn.·oPanies have bad
several ex.changes of correspondence and documents which are attached in the
Annex. hereto. and the two Agents have met on 6 and 22 Octoher and 14 November
1994 in London with a view to reaching an agreement to ensure the suhmission to
the Court of the whole of the dispute hy way of a joint act.
In the absence of an agreement hetween the Parties to act jointly and in order to
ensure that theourt has hefore itthe whole of the dispute within the tirne-limit of
30 Novemher !994, L the unders1gned. Agent of the State of Qatar. declare that I
herehy suhmit to the Court the whole ofthe dispute hetween Qatar and Bahrain, as
circurnscrihed hy the text proposed hy Bahram to Qatar on 26 Octoher 1988, and
accepted hy Qatar in Decemher 1990. referred tu ln the 1990 Doha Minutes as the
"Bahraini fonnula" which reads as follows:
"The Parties request the Court to deciany matter of territonal right
or other title or lnterest which may he a rnaner of difference hetween
them; and to draw a single maritime houndary between their
respective maritime areas of seahed, subsoil and supeijacent waters."
The maners which would he referred to the Court were exhaustiveiy defmed in the
Tripartite Commlllee (see paragraph 18 of the CourJ's Judgment of 1 Ju!y 1994).
The suhject mauers of the drspute were descrihed in identical tenns in Bahrain's
written pleadings and in a draft special agreement proposed hy Bahrain on 20 June
1992 (See Bahrain's Rejoinder. Annex 1.3. p. 113).
P.0. Box4000 Ooha • OaiaTe!:{974}4336Z31462052 Fax:(974)4or 41943, Telax:4844 DIWAN:OHThe M'utister Legal Aduiser
The foHowing subjects fall within the jurlsdiction of the Courthy vinue uf the
nghts and obligations createdby the international agreements of Decemher 1987
and 25 December 1990 and are. hy virtue of Qatar's Application date5 July 1991
and the present Act. submined to the Coun:
1. The Hawar Islands. includingthe islandof Janan;
2. Fasht al Diha! and Qit'at Jaradah;
3. The archipe!agic haselines;
4. Zubarah;
5. The areas for fishing for pearls and for fishing for swimming fish and any
other matters connected with maritime houndaries
ttls understood hy Qatar that Bahrain defines its claim concerning Zubarah as a
daim of sovereignty.
Further to its Application Qatar requests the Court to adjudge and declare that
Bahrain has no sovereignty or other territorial right over the island of Janan or over
•
Zuharah. and that any daim by Bahrain concerning archipetagic baselines and areas
for fishing for pearls and swimming fish wou!d be irrelevant for the purpose of
maritime delimitation in the present case.
As a resutt the Court has before it "any matter of territorial right or other title or
mterest which may be a matter of difference hetween" the Parties. and a request that
it "draw a single maritime boundary herv.:een their respective maritime areas of
seabed. subsoil andsuperja catnr_..
30 November 1994
Dr. Najeeh ihn Mohammed AI-Nauimi
Agent aÏJdCounsel of the State of Qatar
P.O. Box 4000 Ooha • OalT•I:(974}43362314S2062 Fax:(974)413&42or4!9431 .T•lu:4844 OIWANOH In the Case concerning Maritime Delimitation and Territorial
Questions Between Qatar and Bahrain (Qatar v. Bahrainl,
Jurisdiction and Admissibility
ANNE X
to the
Act to comply with paragraphs 3) and 41 of operative paragraph
41 of the Judqment of the Court dated 1 July 1994
1. Letter No. 1/100/115-7826 dated 5 July 1994 from the
Minister of Foreign Affairs of the State of Bahrain to the
Minister of Foreign Affairs of the State of Qatar
(Bahrain's translation and Arabie)
2. Letter dated 6 July 1994 from Dr. Najeeb bin Mohammed Al
Nauimi to Dr. Husain Mohammed Al-Baharna
3. Letter dated 11 July 1994 from Dr. Husain Mohammed Al
Baharna ta the Regîstrar of the International Court of
Justice, enclosing:
. The English language version of a Public Statement made
by H.E. Shaikh Mohammed bin Mubarak Al-Khalifa, Minister of
Foreign Affairs of the State of Bahrain, on Friday lst Ju1y
1994
.A copy of a letter sent, in the Arabie language, from
H.E. Shaikh Mohammed bin Mubarak Al-Khalifa to H.E. Shaikh
Hamad bin Jassîm bin Jaber Al-Thani, the Minister of
Foreign Affairs of the State of Qatar, on 5th July 1994
.An English translation of the aforementioned letter
4 • Letter dated 15 July 1994 from Dr. Husain Mohammed Al-
Baharna tc Dr. Najeeb bin I·!ohammed Al-Nauimi
5. Letter dated 16 July 1994 from the Minister of Foreign
Affaîrs of the State of Qatar ta the Minister of Foreign
Affairs of the State of Bahrain (Qatar's translation and
Arabie)
6. Letter No. 20/94/918 dated 23 July 1994 from Dr. Najeeb bin
Mohammed Al-Nauimi to the Registrar of the International
Court of Justice
7. Letter No. 1/100/115/8970 dated 30 July 1994 from the
Minister of Foreign Affairs of the State of Bahrain to the
Minister of Foreign Affairs of the State of Qatar (Qatar's
translation and Arabie) - 2 -
8. Letter No. WKH/MHK/2/2/17-186 dated 14 August 1994 from the
Minister of Foreign Affairs of the State of Qatar to the
Minister of Foreign Affairs of the state of Bahrain
(Qatar's translation and Arabie)
9. Note Verbale No. 14470/3/4770 dated 9 August 1994 from the
GCC General Secretariat to the Ministry of Foreign Affairs
of the State of Qatar (Qatar's translation and Arabie)
10. Letter dated 5 September 1994 from Dr. Najeeb bin Mohammed
Al-Nauimi to Dr. Husain Mohammed Al-Baharna
11. Letter dated 12 September 1994 from Dr. Husain Mohammed Al
Baharna to Dr. Najeeb bin Mohammed Al-Nauimi
12. Letter No. 30/94/950 dated 13 September 1994 from Dr.
Najeeb bin Mohammed Al-Nauimi to Dr. Husain Mohammed Al-
Baharna
13. Letter dated 14 September 1994 from Dr. Husain Mohammed Al
Baharna to Dr. Najeeb bin Mohammed Al-Nauimi
14. Letter dated 27 September 1994 from Dr. Husain Mohammed Al
Baharna to Dr. Najeeb bin Mohammed Al-Nauimi
15. Statement of Dr. Najeeb bin Mohammed Al-Nauimi made at the
meeting held in London on 6 October 1994, together with a
draft joint act tc be addressed to the Registrar
16. Bahrain's draft 11Special Agreement between the Government
of the State of Bahrain and the Government of the State of
Qatar to submit to the International Court of Justice"
dated 4 October 1994 and delivered ta Qatar on 6 October
1994
17. Letter dated 12 October 1994 from Dr. Najeeb bih Mohammed
Al-Nauimi to Dr. Husain Mohammed Al-Baharna enclosing a
Memorandum entitled 11Cornments by the delegation of Qatar on
the discussion at the meeting of the two Agents held on
6 Octoi.ler 1994 11
18. Statement of Dr. Najeeb bin Mohammed Al-Nauimi, Agent of
the State of Qatar, made at the meeting held in London on
22 October 1994, together with Annex to the Statement and
Qatar's draft joint letter dated 22 October 1994
19. Memorandum from the Agent of Bahrain tc the Agent of Qatar
and Bahrain's draft joint act, received on 22 October 1994
20. Statement by a responsible Bahraini source, Manama,.
23 October 1994 (Qatar's translation and Arabie)
21. Note Verbale No. WKH/15/204/3-1751/94 dated 30 October 1994
from the Ministry of Foreign Affairs of the State of Qatar
ta the Ministry of Foreign Affa_irs of the state of Bahrain,
referring ta the statement made by the Bahraini source on
23 October 1994 (Qatar's translation and Arabie) - 3 -
22. Statement by a responsible source at the Ministry of
Foreign Affairs of the State of Qatar dated 1 November 1994
(Qatar's translation and Arabie)
23. Observations by the State of Bahrain on the documents
presented by the State of Qatar, on the present posi tien
of the negotiations and on Bahrain's draft joint act,
12 November 1994, with annexes
24. Letter dated 13 November 1994 from Or. Najeeb bin Mohammed
Al-Nauimi to Dr. Husain Al-Baharna containing Qatar's
written comments on the meeting between Qatar and Bahrain
on 22 October 1994
25. Statement of H.E. Dr. Najeeb bin Mohammed Al-Nauirni, Agent
of the State of Qatar, made in London on 14 November 1994
26. Qatar's draft joint letter tc the Registrar, dated
14 November 1994
27. Qatar's Third Proposai dated 14 November 1994 and entitled
nJoint Act to comply with paragraphs 3} and 4} of
operative paragraph 41 of the Judgment of the court dated
1 July 1994"
28. Letter dated 19 November 1994 from Dr. Najeeb bin Mohammed
Al-Nauimi to Dr. Husain Mohammed Al-Baharna enclosing
Qatar's Fourth Proposal dated 19 November 1994 and
entitled "Joint Act to comply with paragraphs 3) and 4) of
operative paragraph 41 of the Judgrnent of the court dated
1 July 1994 11
29. Letter dated 25 November 1994 from Dr. Husain Mohammed Al
Baharna to Dr. Najeeb bin Mohammed Al-Nauimi
30. Letter dated 27 November 1994 from Dr. Najeeb bin Mohammed
Al-Nauimi to Dr. Husain Mohammed Al-Baharna
Act to Comply with Paragraphs (3) and (4) of Operative Paragraph 41 of the Judgment of the Court Dated 1 July 1994 filed by Qatar