ABSTRACT

This conclusion presents some closing thoughts on the concepts covered in the preceding chapters of this book. The book focuses on two issues: the interpretation of the Santiago Declaration and its connected treaties; and the tacit agreement that established a lateral maritime boundary with a seaward extension of 80 nm. It argues that the Court's finding that the Santiago Declaration did not delimit the lateral boundary is mistaken because it ignores its context, as well as its object and purpose. The book argues that the finding that the parties had entered into a tacit agreement is an unjustified legal inference derived from a hasty interpretation of the Special Agreement of 1954. The elaborate legal framework established by the parties to manage various aspects of their claim was also an obstacle for the Court. The legal instruments comprising this framework presupposed that the signatories to the Santiago Declaration had separate well-defined maritime zones.