Sentencia de la Corte Internacional de Justicia Perú Chile Descarga texto completo original
VII. Conclusion
196. The Court concludes that the maritime boundary between the Parties starts at the intersection of the parallel of latitude passing through Boundary Marker No. 1 with the low-water line, and extends for 80 nautical miles along that parallel of latitude to Point A. From this point, the maritime boundary runs along the equidistance line to Point B, and then along the 200-nautical-mile limit measured from the Chilean baselines to Point C.
197. In view of the circumstances of the present case, the Court has defined the course of the maritime boundary between the Parties without determining the precise geographical co-ordinates.
Moreover, the Court has not been asked to do so in the Parties’ final submissions. The Court expects that the Parties will determine these co-ordinates in accordance with the present Judgment, in the spirit of good neighbourliness.
198. For these reasons,
THE COURT,
(1) By fifteen votes to one,
Decides that the starting-point of the single maritime boundary delimiting the respective maritime areas between the Republic of Peru and the Republic of Chile is the intersection of the parallel of latitude passing through Boundary Marker No. 1 with the low-water line;
IN FAVOUR: President Tomka; Vice-President Sepúlveda-Amor; Judges Owada, Abraham, Keith, Bennouna, Skotnikov, Cançado Trindade, Yusuf, Xue, Donoghue, Sebutinde, Bhandari; Judges ad hoc Guillaume, Orrego Vicuña;
AGAINST: Judge Gaja;
(2) By fifteen votes to one,
Decides that the initial segment of the single maritime boundary follows the parallel of latitude passing through Boundary Marker No. 1 westward;
IN FAVOUR: President Tomka; Vice-President Sepúlveda-Amor; Judges Owada, Abraham, Keith, Bennouna, Skotnikov, Cançado Trindade, Yusuf, Xue, Donoghue, Gaja, Bhandari; Judges ad hoc Guillaume, Orrego Vicuña;
AGAINST: Judge Sebutinde;
(3) By ten votes to six,
Decides that this initial segment runs up to a point (Point A) situated at a distance of 80 nautical miles from the starting-point of the single maritime boundary;
IN FAVOUR: Vice-President Sepúlveda-Amor; Judges Owada, Abraham, Keith, Bennouna, Skotnikov, Cançado Trindade, Yusuf, Donoghue; Judge ad hoc Guillaume;
AGAINST: President Tomka; Judges Xue, Gaja, Sebutinde, Bhandari; Judge ad hoc Orrego Vicuña;
(4) By ten votes to six,
Decides that from Point A, the single maritime boundary shall continue south-westward along the line equidistant from the coasts of the Republic of Peru and the Republic of Chile, as measured from that point, until its intersection (at Point B) with the 200-nautical-mile limit measured from the baselines from which the territorial sea of the Republic of Chile is measured.
From Point B, the single maritime boundary shall continue southward along that limit until it reaches the point of intersection (Point C) of the 200-nautical-mile limits measured from the baselines from which the territorial seas of the Republic of Peru and the Republic of Chile, respectively, are measured;
IN FAVOUR: Vice-President Sepúlveda-Amor; Judges Owada, Abraham, Keith, Bennouna, Skotnikov, Cançado Trindade, Yusuf, Donoghue; Judge ad hoc Guillaume;
AGAINST: President Tomka; Judges Xue, Gaja, Sebutinde, Bhandari; Judge ad hoc Orrego Vicuña;
(5) By fifteen votes to one,
Decides that, for the reasons given in paragraph 189 above, it does not need to rule on the second final submission of the Republic of Peru.
IN FAVOUR: President Tomka; Vice-President Sepúlveda-Amor; Judges Owada, Abraham, Keith, Bennouna, Skotnikov, Cançado Trindade, Yusuf, Xue, Donoghue, Gaja, Sebutinde, Bhandari; Judge ad hoc Guillaume;
AGAINST: Judge ad hoc Orrego Vicuña.
Done in English and in French, the English text being authoritative, at the Peace Palace, The Hague, this twenty-seventh day of January, two thousand and fourteen, in three copies, one of which will be placed in the archives of the Court and the others transmitted to the Government of the Republic of Peru and the Government of the Republic of Chile, respectively.
(Signed) Peter TOMKA,
President.
(Signed) Philippe COUVREUR,
Registrar.
President TOMKA and Vice-President SEPÚLVEDA-AMOR append declarations to the Judgment of the Court; Judge OWADA appends a separate opinion to the Judgment of the Court; Judge SKOTNIKOV appends a declaration to the Judgment of the Court; Judges XUE, GAJA, BHANDARI and Judge ad hoc ORREGO VICUÑA append a joint dissenting opinion to the Judgment of the Court; Judges DONOGHUE and GAJA append declarations to the Judgment of the Court; Judge SEBUTINDE appends a dissenting opinion to the Judgment of the Court; Judge ad hoc GUILLAUME appends a declaration to the Judgment of the Court;
Judge ad hoc ORREGO VICUÑA appends a separate, partly concurring and partly dissenting, opinion to the Judgment of the Court.
(Initialled) P. T.
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