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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Delimitation between the Penguin Islands and Namibia: some possible principles
Author:Devine, D.J.ISNI
Periodical:South African Yearbook of International Law
Geographic terms:South Africa
Abstract:The twelve Penguin Islands, which are situated off the coast of Namibia, were recognized as part of the Cape Province, South Africa, by the Anglo-German Treaty of 1886. The Namibian Constitution, which came into effect on 21 March 1990, claims that the islands in question are part of the national territory of Namibia. Although there are two other areas within which maritime boundary problems with South Africa exist (off the mouth of the Orange River and the Walvis Bay enclave) this article deals only with the area in which the Penguin Islands are situated. The intention is to isolate those general principles of delimitation which might be relevant and which could play a role in determining a solution. In short, the discussion seeks to answer the following question: what principles of delimitation would be taken into account by a hypothetical arbitration tribunal, jointly charged by Namibia and South Africa with the task of delimiting the Penguin Islands area between them? Finally, it will be assumed that the hypothetical arbitration tribunal was asked to settle a single maritime boundary between the States, ie, a boundary for all relevant maritime zones, territorial waters, contiguous zones, the exclusive economic zone (EEZ) and the continental shelf, rather than a boundary of a particular zone or zones only. Notes, ref.