Comments in writing of Honduras on the written reply by Nicaragua to the question put by Judge Simma at the public sitting held on 20 March 2007

EMBASSY OF HONDURAS TO THE KINGDOM
OF THE NETHERLANDS

28 March 2007

Sir,

With reference to the case concerning Maritime Delimitation betweenangcaragua
Honduras in the Caribbean Sea (Nicaragua v. Honduras), 1have the honour to acknowledge
receipt ofyour letter dated 23 March 2007 with reference 130088, addressed to H.E. Mr. Max
Velasquez Diaz and H.E. Roberto Flores Bermudez, Agents of the Republic of Honduras,
through which Your Excellency has transmitted a copy of the written reply dated 22 March
2007 from the Agent of the Republic ofNicaragua to the question put by Judge Simma at the

public sitting held on 20 March 2007.

With regard to the aforementioned reply of Nicaragua, the Government of Honduras
believes that much the content of said letter is not responsive to the question raised and
only restates various positions of Nicaragua concerning the islands of Honduras that
Honduras responded to during the course of the oral proceedings.

As for the question put by Judge Simma, the Government of Honduras r23alls that on

March 2007, counsel for Honduras demonstrated that in geographical situations such as are
present here, where the islands might fall on the wrong side of a hypotoftical proposed line
delimitation, the technique of fully enclaving islands has not been used in State practice, the
reason being that the Honduran islands do not lie right up against the coast of Nicaragua;
instead, State practice suggests the semi-enclave technique would be used in these
circumstances with the islands receiving a 12-nautical mile belt sea.

Accept,ir, the assurances of my highest consideration.

~
Julio Rend6n Barnica
Co-Agent of the Republic of Honduras

His Excellency
Mr. Philippe Couvreur
Registrar
International Courtustice
Peace Palace
The Hague