UM Law Professor Bernard H. Oxman sits as judge ad hoc as the International Court of Justice delivers its 100th Judgment
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UM Law Professor Bernard H. Oxman, a current judge ad hoc of the International Court of Justice (ICJ), will sit as the court delivers its 100th judgment on February 3, 2009 in The Maritime Delimitation in the Black Sea (Romania v. Ukraine.
Professor Oxman made the solemn declaration at the opening of oral proceedings for this case on September 2, 2008 during his first public sitting as judge ad hoc of the IJC, the principal judicial organ of the United Nations. Professor Oxman is the only American to have been appointed judge ad hoc of both the International Court of Justice and the International Tribunal for the Law of the Sea. The court’s 100th judgment will be read during a public sitting at the Peace Palace in The Hague.
History of the Maritime Delimitation in the Black Sea (Romania v. Ukraine):
Excerpted from an ICJ press release
On September 16, 2004, Romania filed an Application instituting proceedings against Ukraine in respect of a dispute “concern[ing] the establishment of a single maritime boundary between the two States in the Black Sea, thereby delimiting the continental shelf and the exclusive economic zones appertaining to them”. In its Application Romania states that on June 2, 1997 Ukraine and itself signed a Treaty on Relations of Co-operation and Good-Neighbourliness, as well as an Additional Agreement, by which the two States committed themselves to finding agreement on the above-mentioned matters. Both instruments entered into force on October 22, 1997. Romania contends that negotiations held since 1998 have been inconclusive.
As a basis for the Court’s jurisdiction Romania invokes Article 4 (h) of the Additional Agreement, which provides inter alia that the dispute be brought to the International Court of Justice at the request of any of the Parties if unresolved in a reasonable period of time, not later than two years after the initiation of the negotiations.
Romania filed its Memorial and Ukraine its Counter-Memorial within the time-limits thus fixed by the Court by an Order of November 19, 2004. By an Order of June 30, 2006, the Court authorized the filing of a Reply by Romania and a Rejoinder by Ukraine and fixed time-limits for the filing of these pleadings. Romania filed its Reply within the time-limit thus fixed. By an Order of June 8, 2007, the Court extended the time-limit for the filing of the Rejoinder by Ukraine. The Rejoinder was duly filed within the time-limit thus extended. Public hearings were held in the case from September 2-19, 2008.
The Parties disagree on the course of the maritime boundary to be established, and in particular on the role in this respect of Serpents’ Island (a maritime feature situated in the north-western part of the Black Sea, approximately 20 nautical miles east of the Danube delta).
Since the Court included upon the Bench no judge of the nationality of either of the Parties, each Party proceeded to exercise its right conferred by Article 31, paragraph 3, of the Statute to choose a judge ad hoc to sit on the case. Romania chose Mr. Jean-Pierre Cot (France) and Ukraine chose Mr. Bernard H. Oxman (United States of America).
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posted 30-January-2009
