Home | Databases | WorldLII | Search | Feedback Canadian Treaty Series

Agreement establishing a Court of Arbitration for the Purpose of carrying out the Delimitation of Maritime Areas between Canada and France [1989] CATSer 8 (30 March 1989)

E101583 - CTS 1989 No. 34

AGREEMENT ESTABLISHING A COURT OF ARBITRATION FOR THE PURPOSE OF CARRYING OUT THE DELIMITATION OF MARITIME AREAS BETWEEN CANADA AND FRANCE

The Government of Canada and the Government of the Republic of France (hereinafter "the Parties");

Considering that by an agreement signed in Ottawa on March 27, 1972 the Parties partially delimited the maritime areas appertaining respectively to Canada and France;

Considering that, in view of the differences between them, the parties have been unable to complete the delimitation;

Considering that the Parties have expressed a common desire to resolve the dispute arising from these differences by submitting it to third-party binding arbitration;

Have agreed as follows:

ARTICLE 1

1- A Court of Arbitration (hereinafter "the Court") is hereby established, consisting of five members, namely:

- M. Prosper Weil, appointed by the French Government,

- M. Allan E. Gotlieb, appointed by the Canadian Government,

- Mr. Eduardo Jimenez De Arechaga,

- M. Gaetano Arangio-Juiz,

- M. Oskar Schachyer.

The President of the court shall be Mr. Eduardo Jimenez De Arechaga.

2- If a member of the Court appointed by one of the Parties is unable to act, that Party shall name a replacement within a period of one month from the date on which the Court declares the existence of the vacancy.

3- a) If another member of the Court is unable to act, the Parties shall agree on a replacement within a period of two months from the date on which the court declares the existence of the vacancy.

b) In the absence of an agreement within the period mentioned in paragraph a) the Parties shall have recourse to the good offices of the President of the Court or, if the office of the president is vacant, the Secretary General of the United Nations.

ARTICLE 2

1- Ruling in accordance with the principles and rules of international law applicable in the matter, the court is requested to carry out the delimitation as between the Parties of the maritime areas appertaining to France and of those appertaining to Canada. This delimitation shall be effected from point 1 and from point 9 of the delimitation referred to in Article 8 of the Agreement of March 27, 1972 and described in the Annex thereto. The Court shall establish a single delimitation which shall govern all rights and jurisdiction which the Parties may exercise under international law in these maritime areas.

2- The Court shall describe the course of this delimitation in a technically precise manner. To this end, the geometric nature of all the elements of the delimitation shall be indicated and the position of all the points mentioned shall be given by reference to their geographical coordinates in the North America Datum 1972 (NAD 27) geodesic system.

The Court shall also indicate for illustrative purposes only the course of the delimitation on an appropriate chart.

3- After consultation with the Parties, the court shall designate a technical expert to assist it in carrying out the duties specified in paragraph 2 above.

ARTICLE 3

1- The Court may perform its functions only when all members are present.

2- All members of the Court shall be deemed to be present notwithstanding the existence of a vacancy in the following cases:

a) where the only matter for consideration is the declaration of a vacancy for the purposes of Article 1, or

b) where either Party has neglected to fill a vacancy as provided by paragraph 2 of Article 1.

3- Subject to paragraph 4 of this Article, the decisions of the Court shall be made by a majority of its members.

4- In the case of an even division of the votes in the circumstances referred to in paragraph 2 of this Article, the vote of the President shall be decisive.

5- Subject to the provisions of this agreement, the Court shall decide on its procedures and on all questions respecting the conduct of the arbitration.

ARTICLE 4

1- Each Party shall designate an Agent for the purposes of the arbitration within thirty days of the signature of this agreement and shall communicate the name and address of its Agent to the other Party and to the Court.

2- Each Agent so designated shall be entitled to name a Deputy to act for him where necessary. The name and the address of the Deputy so named shall be communicated to the other Party and to the Court.

ARTICLE 5

1- The Court shall sit in "New York City".

2- After it has been constituted and after consultation with the Agents, the Court shall appoint a Registrar.

3- The Court may hire staff and procure whatever services and equipment it deems necessary.

ARTICLE 6

1- The proceedings shall include a written phase and an oral phase.

2- The written pleadings shall consist of:

a) a memorial to be submitted by each Party to the Court and to the other Party not later than June 1, 1990;

b) a counter-memorial to be submitted by each party to the Court and to the other Party not later than eight months after the submission of memorials;

c) any further pleading that the Court deems necessary.

The Court shall be empowered to extend the time periods so established at the request of either Party.

3- The Registrar shall provide the Parties with an address for the filing of their written pleadings and of any other documents.

4- The oral phase shall follow the written phase and shall be held in "New-York City", at the place and on the dates determined by the court after consultation with the two Agents.

5- Each Party shall be represented in the oral phase of the proceedings by its Agent or, where appropriate, its Deputy Agent, and by such counsel, advisers and experts as it may designate.

ARTICLE 7

1- The written and oral pleadings before the court shall be in French or in English. Decisions of the Court shall be in both these languages. Verbatim records of the hearings shall be produced daily in the language used in each statement.

2- The Court shall provide translations and interpretation services and shall keep a verbatim record of all the hearings in French and in English.

3- The written pleadings may not be made public until the oral proceedings have commenced. Each Party shall communicate to the public only its own written pleadings.

4- Members of the public shall be admitted to the oral proceedings on invitation by either Party.

5- Each Party may make public the verbatim records of its oral pleadings.

6- Each Party shall inform the other Party prior to introducing into evidence or argument any diplomatic or other confidential correspondence between Canada and France. Unless the Parties agree, neither Party shall invoke in support of its own position or to the detriment of the position of the other Party:

a) the interim arrangements concerning fishing to be applied pending the award of the Court;

b) proposals or counter-proposals made with a view to concluding this Agreement or the interim arrangement described in sub-paragraph a).

7. Unless the Parties agree, neither Party shall introduce into evidence or argument, or publicly disclose in any manner, the nature or content of proposals directed to a settlement of the delimitation issue referred to in Article 2 or responses thereto, in the course of negotiations or discussions between the parties undertaken since January, 1979.

ARTICLE 8

1- The remuneration of the members of the Court and of the Registrar shall be shared equally by the Parties.

2- The general arbitration expenses shall be shared equally by the Parties. The Registrar shall record these expenses in detail and render a final account of them.

3- Each Party shall pay all the expenses incurred by it in the preparation and conduct of its case.

ARTICLE 9

1- The Court's decision shall be fully reasoned. Each member shall be entitled to attach an individual or dissenting opinion.

2- The Court shall inform the Parties of its decision as soon as practicable.

3- Each Party may make public the text of the award or of any individual or dissenting opinion.

ARTICLE 10

1- The decision of the Court shall be final and binding.

2- Each Party may refer to the Court any dispute with the other Party as to the meaning and scope of the decision within three months of its notification.

3- The Court is empowered to correct any material error relating to its decision at the request of either Party, within three months of notification.

ARTICLE 11

This agreement shall come into force on the date of its signature.

IN WITNESS WHEREOF; the undersigned, being duly authorised by their respective Governments, have signed this Agreement.

DONE : At Toronto, on the thirtieth day of March 1989 and At Paris, on the thirtieth day of March 1989 in duplicate, in the English and French languages, both texts being equally authentic.

Yves Fortier

FOR THE GOVERNMENT OF CANADA

Jean-Pierre Puissochet

FOR THE GOVERNMENT OF THE REPUBLIC OF FRANCE