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In less than 3 minutes you'll find everything you need to know about Jus Mundi and how to take full advantage of our search engine. Considering that on 30 Octoberin the City of Lima, Peru, they ed the General Treaty of Peace, by means of which, inter alia, they delimited the land boundary of both Republics in those sectors where there did not exist any dispute.
Considering that within the period of time envisaged by Articles 19 and 31 of the General Treaty of Peace, of 30 Octoberno direct agreement was reached regarding the differences relating to the existing boundaries in respect of the remaining land areas in dispute and relating to the juridical status of the islands and of the maritime spaces.
In application of Article 34 of the General Treaty of Peace, ed on 30 Octoberthe Parties submit the issues mentioned in Article 2 of the present Special Agreement to a chamber of the International Court of Justice, composed of three members, with the consent of the Parties, who will express this in a t form to the President of the Court, this agreement being essential for the formation of the chamber, which will be constituted in accordance with the procedures established in the Statute of the Court and in the present Special Agreement.
In addition the chamber will include two Judges ad hoc specially nominated one by El Salvador and the other by Honduras, who may have the nationality of the Parties. To delimit the boundary line in the zones or sections not described in Article 16 of the General Treaty of Peace of 30 October The above-mentioned parts of the written proceedings and their annexes presented to the Registrar will not be transmitted to the other Party until the Registrar has received the part of the proceedings corresponding to the said Party.
The oral procedure, the notification of the appointment of the respective Agents of the Parties, and any other procedural questions will be regulated in accordance with the provisions of the Statute and the Rules of the Court. In accordance with the provisions of the first paragraph of Article 38 of the Statute of the International Court of Justicethe Chamber, when delivering its Judgment, will take adult chat lines munigal the rules of international law applicable between the Parties, including, where pertinent, the provisions of the General Treaty of Peace.
The Parties will execute the Judgment of the Chamber in its entirety and in complete good faith. To this end, the Special Demarcation Commission established by the Agreement of 11 February will begin the demarcation of the frontier line fixed by the Judgment not later than three months after the date of the said Judgment and will diligently continue its work until the demarcation is completed. For this purpose, the procedures established in respect of this matter in the above-mentioned Agreement concerning the establishment of the Special Demarcation Commission will be applied.
This present Special Agreement will enter into force on 1 Octoberonce the constitutional requirements of each Party have been met. It will be registered with the Secretary-General of the United Nations in accordance with Article of the United Nations Chartertly or by either of the Parties.
At the same time it will be brought to the attention of the Organization of American States. This notification will be made before 31 December If this notification is not made in accordance with the preceding paragraph, the present Special Agreement may be notified to the Registrar of the Court by either of the Parties within the period one month following the date established in the preceding paragraph.
In witness thereof, the undered the present Special Agreement in two copies in the City of Esquipulas, Republic of Guatemala, on the twenty-fourth day of May one thousand nine hundred and eighty-six.
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The Government of El Salvador requests the Chamber of the International Court of Justice to delimit the land frontier in the disputed areas between El Salvador and Honduras on the basis of :. The rights resulting from the titles to commons owned in favour of El Salvador and the effective sovereignty that El Salvador has exercised and exercises in those disputed areas in accordance with the evidence which has been submitted in the annexes of the present Memorial.
The precise delimitation of the areas which, in accordance with the above are subject to its sovereignty are set out as follows. In the Memorial, here follow references to the specific paragraphs of the Memorial setting out the argument of El Salvador on each of the six sectors of the land boundary. The Memorial also contains a "Conclusion" adult chat lines munigal the detailed course of the line, the terms of which were repeated in the Annexes to the final submissions of El Salvador at the close of the oral proceedings see below.
The addition to the areas thus attributed to El Salvador of those areas of Crown Lands tierras realengas lying between the Common Lands of El Salvador and Honduras respectively that are properly attributed to El Salvador after a comparison of the grants of Common Lands made by the Spanish Crown and authorities in favour of the Provinces of San Salvador and of Comayagua and Tegucigalpa, Honduras.
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The Government of El Salvador requests the Chamber of the International Court of Justice to determine the adult chat lines munigal position of the maritime spaces as follows. The juridical position of the maritime spaces within the Gulf of Fonseca corresponds to the juridical position established by the Judgement of the Central American Court of Justice rendered 9 Marchas accepted and applied thereafter.
As regards the juridical position beyond the closing line of the Gulf of Fonseca, the Government of El Salvador is unaware of the precise nature and extent of the claim, if any, of the Government of Honduras and must, therefore reserve its position. However El Salvador maintains that in principle, as Honduras has no coast on the Pacific Ocean, it has no rights in that ocean other than those possessed therein by any other non-littoral State.
The Government of El Salvador ratifies the petition to the Chamber of the International Court of Justice contained in its Memorial that the Chamber delimit the land frontier between El Salvador and Honduras in the disputed sectors in accordance with the line indicated in the submissions contained in the Memorial of El Salvador. The Government of El Salvador petitions the Chamber of the International Court of Justice that it determine the juridical status of the maritime spaces in the following manner:. The Government of El Salvador ratifies the petition to the Chamber of the International Court of Justice contained in its Memorial that the Chamber delimit the land frontier between El Salvador and Honduras in the disputed sectors in accordance with the line indicated in the submissions contained in the Memorial.
The Government of El Salvador ratifies the petition to the Chamber of the International Court of Justice contained in its Adult chat lines munigal as to the juridical status of the islands. This petition was ratified in the CounterMemorial of El Salvador, which rebutted the arguments contained in the Memorial of Honduras, and is now ratified again in view of the fact that in Chapter V of this Reply El Salvador has rebutted the arguments contained in the Counter-Memorial of Honduras.
The Government of El Salvador ratifies the position to the Chamber of the International Court of Justice contained in its Counter-Memorial as to the juridical status of the maritime spaces in view of the fact that in Chapter VI of this Reply El Salvador has rebutted the arguments contained in the Counter-Memorial of Honduras. Section of the land frontier lying between the point known as El Trifinio, at the summit of the Cerro Montecristo, and the summit of the Cerro del Zapotal. Section of the land frontier lying between the Cayaguanca rock and the confluence of the Chiquita or Oscura stream with the Sumpul.
Section of the land frontier lying between the point where the river Torola is ed by the Manzupucagua stream and the ford known as Paso de Unire.
Section of the land frontier lying between Los Amates and the Gulf of Fonseca. Section of the land frontier lying between the Cayaguanca rock and the confluence of the Chiquita or Oscura stream with the Sumpul river. The line of the frontier in the zones or sectors not described in Article 16 of the General Treaty of Peace of 30 Octoberis as follows :.
The sovereignty over all the islands within the Gulf of Fonseca, and, in particular, over the islands of Meanguera and Meanguerita, belongs to El Salvador, with the exception of the island of Zacate Grande and the Farallones islands. The legal situation of the maritime spaces within the Gulf of Fonseca corresponds to the legal position established by the Judgement of the Central American Court of Justice of 9 March Section of the land frontier lying between the point knows as El Trifinio, at the summit of the Cerro Montecristo, and the summit of the Cerro Zapotal.
The legal considerations supporting this conclusion can be summarized thus :. It is not equality but privilege which is the objective. The Honduran claims presented in the form of a concept of a community of interests may affect the legal interests of Nicaragua directly adult chat lines munigal substantially, in particular, because, as the pleadings and submissions reveal, the community of interests would entail an entitlement to areas of maritime territory incompatible with the inherent rights of Nicaragua.
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International law does not recognize a concept of community of interests, either in a form which could override the application of the principles of the law of the sea, or in any other form. The Honduran claim to an entitlement involving a corridor of maritime territory or exclusive jurisdiction to the west of the legally definitive terminus of the boundary established between Honduras and Nicaragua is invalid in general international law and consequently is inopposable to any other State, whether or not a party in the present proceedings.
The legal entitlements of the coastal States, including Nicaragua, remain the same whether the waters of the Gulf are classified as internal waters or as territorial sea or as continental shelf. Without prejudice to the above, there are substantial considerations of judicial propriety on the basis of which Honduran maritime claims, which form part of the submissions relating to a community of interests, should be treated as inadmissible.
The Republic of Nicaragua reaffirms its position in respect of all questions of delimitation contained in its Written Statement of 14 December Much of this territory was unexplored. Other parts which had occasionally been visited were but vaguely known. In consequence, not only had boundaries of jurisdiction not adult chat lines munigal fixed with precision by the Crown, but there were great areas in which there had been no effort to assert any semblance of administrative authority.
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II, p. Both Governments shall agree upon the date for the t notification of the Special Agreement to the International Court of Justice but, in the absence of such an agreement, any one of them may proceed with the notification, after having ly informed the other Party by the diplomatic channel. Article 35 of the Treaty provided that the express submission thereby made to the jurisdiction of the Court "deprives of any effect, as far as relations between the Parties are concerned", any reservations to their declarations under Article 36, paragraph 2, of the Statute.
For the demarcation in question the norms laid down in this respect in this Treaty shall be applied. However, by an Agreement of 11 Februarythe Parties established a Special Demarcation Commission, and it is provided in the Special Agreement that that Commission "will begin the demarcation of the frontier line fixed by the Judgment not later than three months after the date of the said Judgment and will diligently continue to work until the demarcation adult chat lines munigal completed".
In the light of these provisions, there was some discussion between counsel at the hearings as to the respective roles of the Chamber and the Commission.
In response to a suggestion by counsel for El Salvador that "once the basic legal concepts have been established by the Chamber", the Commission should identify and locate the boundary markers referred to in the ancient titles, counsel for Honduras insisted that the task of the Commission was demarcation only, and it was for the Chamber "to delimit" the boundary, i.
Counsel for El Salvador agreed in principle, but reserved. In the view of the Chamber, it is its duty to give such indications of the line of the frontier in the disputed sectors as will enable the Special Demarcation Commission to demarcate it by a technical operation. Such territorial boundaries might be no more than delimitations between different administrative divisions or colonies all subject to the same sovereign. In that case, the application of the principle of uti possidetis resulted in administrative boundaries being transformed into international frontiers in the full sense of the term.
Reportsp. And in the Arbitral Award of the Swiss Federal Council of 24 March concerning certain boundary questions between Colombia and Venezuela, it had been observed that :.
These territories, although not occupied in fact were by common consent deemed to be occupied in law from the first hour by the new Republic Thus the principle of uti possidetis juris is concerned as adult chat lines munigal with title to territory as with the location of boundaries ; certainly a key aspect of the principle is the denial of the possibility of terra nullius. This reference to the rules of international law and to the "first paragraph" of Article 38 obviously excludes the possibility of any decision ex aequo et bono. The treaty provision that has played the greatest part in the pleadings before the Chamber is Article It re :.
It shall also take of other evidence and arguments of a legal, historical, human or any other kind, brought before it by the Parties and admitted under international law. Drawing attention to the word "poblaciones" settlements in Article 26 quoted in paragraph 47 above of the General Treaty of Peace, El Salvador contends that. And this may done only on the basis of the titulos ejidales invoked by El Salvador. In arguing the relevance of a title of to the first disputed sector, coun-sel for El Salvador said in a proposition presumably intended to be valid in general terms and not only for the first sector :.
If El Salvador is arguing that the Parties have by treaty adopted a special rule or method of determination of the uti possidetis juris boundaries, for the purposes of the present dispute, the Chamber is not persuaded by this contention. It was the administrative boundaries between Spanish colonial administrative units, not the boundaries between Indian settlements as such, that were transformed, by the operation of the uti possidetis juris, into international boundaries in The Chamber is unable to read the text of the General Treaty of Peace as contemplating that the international boundaries should instead follow the limits of poblaciones.
These claims by El Salvador relate both to areas which it asserts appertain to it on the basis of the uti possidetis juris boundary derived from consideration of titulos ejidales, and to areas lying outside the lands comprised in those titulos. It must however state forthwith, in general terms, what legal relationship exists between such acts and the titles on which the implementation of the principle of uti possidetis is grounded.
For this purpose, a distinction must be drawn among several eventualities. Where the act does not correspond to the law, where the territory which is the subject of the dispute is effectively administered by a State other than the one possessing the legal title, preference should be given to the holder of the title. Finally, there are cases where the legal title is not capable of showing exactly the territorial expanse to which it relates. Reportspp. These have arisen as a consequence of sporadic acts of violence which have been occurring in some of the disputed areas.
These have not only produced a certain amount of interference with some of the governmental activities normally carried out by the Government of El Salvador in these areas, but have also brought about a ificant exodus on the part of the normal population thereof In reply to a suggestion by adult chat lines munigal for Honduras that evidence of acts of administration in remote areas could be found not only in the areas concerned but also in central archives, counsel also stated that, "for all sorts of reasons that it is not feasible for me to go into now", there are no duplicate records available in central registries and archives in El Salvador.
The Chamber fully appreciates the difficulties experienced by El Salvador in collecting its evidence, caused by the interference with governmental action resulting from acts of violence. The objective would be to establish the true situation of these disputed territories, over which both Parties to this litigation have alleged that they maintain authority and control.
In addition, the Government of El Salvador would welcome any order by the Chamber pursuant to Article 67 of the Rules of Court, arranging for an enquiry or an expert opinion on these matters and to the same ends.