Maritime Delimitation between Guinea-Bissau and Senegal (Guinea-Bissau v. Senegal)

On 12 March 1991, while proceedings were still in progress in the case brought by Guinea-Bissau against Senegal concerning the Arbitral Award of 31 July 1989, Guinea-Bissau filed a further Application instituting proceedings against Senegal, in which the Court was asked to adjudge and declare :

“What should be, on the basis of the international law of the sea and of all the relevant elements of the case, including the future decision of the Court in the case concerning the Arbitral ‘award’ of 31 July 1989, the line (to be drawn on a map) delimiting all the maritime territories appertaining respectively to Guinea-Bissau and Senegal.”

For its part, Senegal indicated that it expressed every reservation as to the admissibility of that fresh claim, and possibly as to the Court’s jurisdiction. At a meeting held by the President of the Court with the representatives of the Parties on 5 April 1991, the latter agreed that no measure should be taken in the case until the Court had delivered its decision in the other case pending between the two States. The Court delivered its Judgment in that case on 12 November 1991 indicating, inter alia, that it considered it “highly desirable that the elements of the dispute that were not settled by the Arbitral Award of 31 July 1989 be resolved as soon as possible, as both Parties desire”. The Parties then initiated negotiations. As they were able to conclude an “accord de gestion et de coopération”, they subsequently, at a meeting with the President of the Court on 1 November 1995, notified him of their decision to discontinue the proceedings. By a letter dated 2 November 1995, the Agent of Guinea-Bissau confirmed that his Government, by virtue of the agreement reached by the two Parties on the disputed zone, had decided to discontinue the proceedings. By a letter dated 6 November 1995, the Agent of Senegal confirmed that his Government agreed to that discontinuance. On 8 November 1995, the Court made an Order recording the discontinuance of the proceedings and directing the removal of the case from the Court’s List.