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Beagle Channel Arbitration (Argentina v. Chile)

Court of Arbitration established by the British Government pursuant to the Argentine—Chile General Treaty of Arbitration, 1902.  18 February 1977 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

State territory — Territorial waters — Jurisdiction over — Inter-oceanic waterway — Navigable channel — Beagle Channel between Argentina and Chile — Islands at mouth of channel.

Jurisdiction — Territorial — Over national waters — Maritime jurisdiction — Uti possidetis juris doctrine

Treaties — In general — Title — Significance of — Preamble — Relevance of

Treaties — Interpretation — Principles and rules of interpretation — Interpretation by principles of Vienna Convention of 1969 on the law of treaties — Bases of negotiation

Treaties — Interpretation of — Bilingual treaties — Varying versions — Maps and charts as evidence of contents — Confirmatory or corroborative incidents and material — Relevance of speech by Minister of Foreign Affairs

Treaties — Special kinds of — Arbitration treaties — Denunciation of general treaty not affecting pending arbitration proceedings

Disputes — Arbitration — Law applied by arbitral tribunals — Decision in accordance with international law — Other matters to be taken into account

Disputes — Arbitration — Acceptance of arbitration

Disputes — Arbitration — Arbitration treaty — Denunciation of general treaty not affecting pending arbitration proceedings

Disputes — Arbitration — Appointment 'of members of Court of Arbitration — Death of a member

Disputes — Arbitration — Procedure — Visit to locus — Expenses — Language

Disputes — Arbitration — Evidence — Boundary dispute — Relevance of cartography — The "time frame" — Maps and Admiralty charts — Memorandum by Admiralty hydrographer — Acts of jurisdiction as confirming or corroborative evidence

Disputes — Arbitration — The award — Declaration that decision constitutes the award — dispositif.

State territory — Parts of — Water boundaries — Definition of boundary by arbitration — Tracing of boundary — Straight base lines — The Beagle Channel between Argentina and Chile — Islands at mouth of channel

Type
Case Report
Copyright
© Cambridge University Press 1979

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