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Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Qatar v. Bahrain)

Overview of the case

On 8 July 1991, Qatar filed in the Registry of the Court an Application instituting proceedings against Bahrain in respect of certain disputes between the two States relating to sovereignty over the Hawar Islands, sovereign rights over the shoals of Dibal and Qit’at Jaradah and the delimitation of their maritime areas. Qatar founded the jurisdiction of the Court upon certain agreements between the Parties stated to have been concluded in December 1987 and December 1990, the subject and scope of the commitment to accept that jurisdiction being determined by a formula proposed by Bahrain to Qatar in October 1988 and accepted by the latter State in December 1990 (the “Bahraini formula”). As Bahrain contested the basis of jurisdiction invoked by Qatar, the Parties agreed that the written proceedings should first be addressed to the questions of jurisdiction and admissibility. After a Memorial of the Applicant and Counter-Memorial of the Respondent had been filed, the Court directed that a Reply and a Rejoinder be filed by each of them, respectively.

On 1 July 1994 the Court delivered a first Judgment on the above-mentioned questions. It took the view that both the exchanges of letters of December 1987 between the King of Saudi Arabia and the Amir of Qatar, and between the King of Saudi Arabia and the Amir of Bahrain, and the document entitled “Minutes” and signed at Doha in December 1990 constituted international agreements creating rights and obligations for the Parties ; and that by the terms of those agreements they had undertaken to submit to the Court the whole of the dispute between them. In the latter regard, the Court pointed out that the Application of Qatar did not cover some of the constitutive elements that the Bahraini formula was supposed to cover. It accordingly decided to give the Parties the opportunity to submit to it “the whole of the dispute” as circumscribed by the Minutes of 1990 and that formula, while fixing 30 November 1994 as the time-limit within which the Parties were, jointly or separately, to take action to that end. On the prescribed date, Qatar filed a document entitled “Act”, which referred to the absence of an agreement between the Parties to act jointly and declared that it was submitting “the whole of the dispute” to the Court. On the same day, Bahrain filed a document entitled “Report” in which it indicated, inter alia, that the submission to the Court of “the whole of the dispute” must be “consensual in character, that is, a matter of agreement between the Parties”. By observations submitted to the Court at a later time, Bahrain indicated that the unilateral “Act” of Qatar did not “create that jurisdiction [of the Court] or effect a valid submission in the absence of Bahrain’s consent”. By a second Judgment on the questions of jurisdiction and admissibility, delivered on 15 February 1995, the Court found that it had jurisdiction to adjudicate upon the dispute submitted to it between Qatar and Bahrain, and that the Application of Qatar, as formulated on 30 November 1994, was admissible. The Court, having proceeded to an examination of the two paragraphs constituting the Doha Agreement, found that, in that Agreement, the Parties had reasserted their consent to its jurisdiction and had defined the object of the dispute in accordance with the Bahraini formula ; it further found that the Doha Agreement permitted the unilateral seisin and that it was now seised of the whole of the dispute. By two Orders, the Court subsequently fixed and then extended the time-limit within which each of the Parties could file a Memorial on the merits.

Following the objections raised by Bahrain as to the authenticity of certain documents annexed to the Memorial and Counter-Memorial of Qatar, the Court, by an Order of 30 March 1998, fixed a time-limit for the filing, by the latter, of a report concerning the authenticity of each of the disputed documents. By the same Order, the Court directed the submission of a Reply on the merits of the dispute by each of the Parties. Qatar having decided to disregard the challenged documents for the purposes of the case, the Court, by an Order of 17 February 1999, decided that the Replies would not rely on those documents. It also granted an extension of the time-limit for the filing of the said Replies.

In its Judgment of 16 March 2001, the Court, after setting out the procedural background in the case, recounted the complex history of the dispute. It noted that Bahrain and Qatar had concluded exclusive protection agreements with Great Britain in 1892 and 1916 respectively, and that that status of protected States had ended in 1971. The Court further cited the disputes which had arisen between Bahrain and Qatar on the occasion, inter alia, of the granting of concessions to oil companies, as well as the efforts made to settle those disputes.

The Court first considered the Parties’ claims to Zubarah. It stated that, in the period after 1868, the authority of the Sheikh of Qatar over Zubarah had been gradually consolidated, that it had been acknowledged in the Anglo-Ottoman Convention of 29 July 1913 and definitively established in 1937. It further stated that there was no evidence that members of the Naim tribe had exercised sovereign authority on behalf of the Sheikh of Bahrain within Zubarah. Accordingly, it concluded that Qatar had sovereignty over Zubarah.

Turning to the Hawar Islands, the Court stated that the decision by which the British Government had found in 1939 that those islands belonged to Bahrain did not constitute an arbitral award, but that did not mean that it was devoid of legal effect. It noted that Bahrain and Qatar had consented to Great Britain settling their dispute at the time and found that the 1939 decision must be regarded as a decision that was binding from the outset on both States and continued to be so after 1971. Rejecting Qatar’s arguments that the decision was null and void, the Court concluded that Bahrain had sovereignty over the Hawar Islands.

The Court observed that the British decision of 1939 did not mention Janan Island, which it considered as forming a single island with Hadd Janan. It pointed out, however, that in letters sent in 1947 to the Rulers of Qatar and Bahrain, the British Government had made it clear that “Janan Island is not regarded as being included in the islands of the Hawar group”. The Court considered that the British Government, in so doing, had provided an authoritative interpretation of its 1939 decision, an interpretation which revealed that it regarded Janan as belonging to Qatar. Accordingly, Qatar had sovereignty over Janan Island, including Hadd Janan.

The Court then turned to the question of the maritime delimitation. It recalled that international customary law was the applicable law in the case and that the Parties had requested it to draw a single maritime boundary. In the southern part, the Court had to draw a boundary delimiting the territorial seas of the Parties, areas over which they enjoyed territorial sovereignty (including sea-bed, superjacent waters and superjacent aerial space). In the northern part, the Court had to make a delimitation between areas in which the Parties had only sovereign rights and functional jurisdiction (continental shelf, exclusive economic zone).

With respect to the territorial seas, the Court considered that it had to draw provisionally an equidistance line (a line every point of which is equidistant from the nearest points on the baselines from which the breadth of the territorial sea of each of the two States is measured) and then to consider whether that line must be adjusted in the light of any special circumstances. As the Parties had not specified the baselines to be used, the Court recalled that, under the applicable rules of law, the normal baseline for measuring the breadth of the territorial sea was the low-water line along the coast. It observed that Bahrain had not included a claim to the status of archipelagic State in its formal submissions and that the Court was therefore not requested to take a position on that issue. In order to determine what constituted the Parties’ relevant coasts, the Court first had to establish which islands came under their sovereignty. Bahrain had claimed to have sovereignty over the islands of Jazirat Mashtan and Umm Jalid, a claim which had not been contested by Qatar. As to Qit’at Jaradah, the nature of which was disputed, the Court held that it should be considered as an island because it was above water at high tide ; the Court added that the activities which had been carried out by Bahrain were sufficient to support its claim of sovereignty over the island. With regard to low-tide elevations, the Court, after noting that international treaty law was silent on the question whether those elevations should be regarded as “territory”, found that low-tide elevations situated in the overlapping area of the territorial seas of both States could not be taken into consideration for the purposes of drawing the equidistance line. That was true of Fasht ad Dibal, which both Parties regarded as a low-tide elevation. The Court then considered whether there were any special circumstances which made it necessary to adjust the equidistance line in order to obtain an equitable result. It found that there were such circumstances which justified choosing a delimitation line passing on the one hand between Fasht al Azm and Qit’at ash Shajarah and, on the other, between Qit’at Jaradah and Fasht ad Dibal.

In the northern part, the Court, citing its case law, followed the same approach, provisionally drawing an equidistance line and examining whether there were circumstances requiring an adjustment of that line. The Court rejected Bahrain’s argument that the existence of certain pearling banks situated to the north of Qatar, and which were predominantly exploited in the past by Bahraini fishermen, constituted a circumstance justifying a shifting of the line. It also rejected Qatar’s argument that there was a significant disparity between the coastal lengths of the Parties calling for an appropriate correction. The Court further stated that considerations of equity required that the maritime formation of Fasht al Jarim should have no effect in determining the boundary line.


This overview is provided for information only and in no way involves the responsibility of the Court.

Institution of proceedings

Written proceedings

Memorial of the Government of the State of Qatar

10 February 1992
Procedure(s): Questions of jurisdiction and/or admissibility
Available in:
English

Counter-Memorial of the Government of the State of Bahrain

11 June 1992
Procedure(s): Questions of jurisdiction and/or admissibility
Available in:
English

Reply of the Government of the State of Qatar

28 September 1992
Procedure(s): Questions of jurisdiction and/or admissibility
Available in:
English

Rejoinder of the Government of the State of Bahrain

29 December 1992
Procedure(s): Questions of jurisdiction and/or admissibility
Available in:
English

Oral proceedings

Verbatim record 1994/1

Public sitting held on Monday 28 February 1994, at 10 a.m., at the Peace Palace, President Bedjaoui presiding
Procedure(s): Questions of jurisdiction and/or admissibility
Available in:
Original Language
Translation
(bilingual version) Translation

Verbatim record 1994/2

Public sitting held on Tuesday 1 March 1994, at 10 a.m., at the Peace Palace, President Bedjaoui presiding
Procedure(s): Questions of jurisdiction and/or admissibility
Available in:
Original Language
Translation
(bilingual version) Translation

Verbatim record 1994/3

Public sitting held on Wednesday 2 March 1994, at 10 a.m., at the Peace Palace, President Bedjaoui presiding
Procedure(s): Questions of jurisdiction and/or admissibility
Available in:
Original Language
Translation
(bilingual version) Translation

Verbatim record 1994/4

Public sitting held on Friday 4 March 1994, at 10 a.m., at the Peace Palace, President Bedjaoui presiding
Procedure(s): Questions of jurisdiction and/or admissibility
Available in:
Original Language
Translation
(bilingual version) Translation

Verbatim record 1994/5

Public sitting held on Monday 7 March 1994, at 10 a.m., at the Peace Palace, President Bedjaoui presiding
Procedure(s): Questions of jurisdiction and/or admissibility
Available in:
Original Language
Translation
(bilingual version) Translation

Verbatim record 1994/6

Public sitting held on Tuesday 8 March 1994, at 10 a.m., at the Peace Palace, President Bedjaoui presiding
Procedure(s): Questions of jurisdiction and/or admissibility
Available in:
Original Language
Translation
(bilingual version) Translation

Verbatim record 1994/7

Public sitting held on Thursday 10 March 1994, at 10 a.m., at the Peace Palace, President Bedjaoui presiding
Procedure(s): Questions of jurisdiction and/or admissibility
Available in:
Original Language
Translation
(bilingual version) Translation

Verbatim record 1994/8

Public sitting held on Friday 11 March 1994, at 10 a.m., at the Peace Palace, President Bedjaoui presiding
Procedure(s): Questions of jurisdiction and/or admissibility
Available in:
Original Language
Translation
(bilingual version) Translation

Verbatim record 2000/5

Public sitting held on Monday 29 May 2000, at 10 a.m., at the Peace Palace, President Guillaume presiding
Available in:
Original Language
Translation
(bilingual version) Translation

Verbatim record 2000/6

Public sitting held on Tuesday 30 May 2000, at 10 a.m., at the Peace Palace, President Guillaume presiding
Procedure(s): Questions of jurisdiction and/or admissibility
Available in:
Original Language
Translation
(bilingual version) Translation

Verbatim record 2000/7

Public sitting held on Wednesday 31 May 2000, at 10 a.m., at the Peace Palace, President Guillaume presiding
Procedure(s): Questions of jurisdiction and/or admissibility
Available in:
Original Language
Translation
(bilingual version) Translation

Verbatim record 2000/8

Public sitting held on Monday 5 June 2000, at 10 a.m., at the Peace Palace, President Guillaume presiding
Available in:
Original Language
Translation
(bilingual version) Translation

Verbatim record 2000/9

Public sitting held on Monday 5 June 2000, at 3 p.m., at the Peace Palace, President Guillaume presiding
Available in:
Original Language
Translation
(bilingual version) Translation

Verbatim record 2000/10

Public sitting held on Tuesday 6 June 2000, at 10 a.m., at the Peace Palace, President Guillaume presiding
Available in:
Original Language
Translation
(bilingual version) Translation

Verbatim record 2000/11

Public sitting held on Thursday 8 June 2000, at 10 a.m., at the Peace Palace, President Guillaume presiding
Available in:
Original Language
Translation
(bilingual version) Translation

Verbatim record 2000/12

Public sitting held on Friday 9 June 2000, at 10 a.m., at the Peace Palace, President Guillaume presiding
Available in:
Original Language
Translation
(bilingual version) Translation

Verbatim record 2000/13

Public sitting held on Tuesday 13 June 2000, at 10 a.m., at the Peace Palace, President Guillaume presiding
Available in:
Original Language
Translation
(bilingual version) Translation

Verbatim record 2000/14

Public sitting held on Tuesday 13 June 2000, at 3 p.m., at the Peace Palace, President Guillaume presiding
Available in:
Original Language
Translation
(bilingual version) Translation

Verbatim record 2000/15

Public sitting held on Wednesday 14 June 2000, at 10 a.m., at the Peace Palace, President Guillaume presiding
Available in:
Original Language
Translation
(bilingual version) Translation

Verbatim record 2000/16

Public sitting held on Thursday 15 June 2000, at 10 a.m., at the Peace Palace, President Guillaume presiding
Available in:
Original Language
Translation
(bilingual version) Translation

Verbatim record 2000/17

Public sitting held on Tuesday 20 June 2000, at 10 a.m., at the Peace Palace, President Guillaume presiding
Available in:
Original Language
Translation
(bilingual version) Translation

Verbatim record 2000/18

Public sitting held on Wednesday 21 June 2000, at 10 a.m., at the Peace Palace, President Guillaume presiding
Available in:
Original Language
Translation
(bilingual version) Translation

Verbatim record 2000/19

Public sitting held on Thursday 22 June 2000, at 10 a.m., at the Peace Palace, President Guillaume presiding
Available in:
Original Language
Translation
(bilingual version) Translation

Verbatim record 2000/21

Public sitting held on Tuesday 27 June 2000, at 10 a.m., at the Peace Palace, President Guillaume presiding
Available in:
Original Language
Translation
(bilingual version) Translation

Verbatim record 2000/22

Public sitting held on Wednesday 28 June 2000, at 10 a.m., at the Peace Palace, President Guillaume presiding
Available in:
Original Language
Translation
(bilingual version) Translation

Verbatim record 2000/25

Public sitting held on Thursday 29 June 2000, at 10 a.m., at the Peace Palace, President Guillaume presiding
Available in:
Original Language
Translation
(bilingual version) Translation

Other documents

Written Replies to Questions put by Vice President of the Court: Bahrain and Qatar

11 March 1994
Procedure(s): Questions of jurisdiction and/or admissibility
Available in:
English

Comments by the State of Bahrain on the Qatari ''Act'' of 30th November, 1994

5 December 1994
Procedure(s): Questions of jurisdiction and/or admissibility
Available in:
English

Parties' responses to questions put by Judge Vereshchetin during oral proceedings

29 June 2000
Procedure(s): Questions of jurisdiction and/or admissibility
Available in:
English French

Orders

Order of 11 October 1991

Fixing of time-limits: Memorial and Counter-Memorial
Available in:
English French Bilingual

Order of 26 June 1992

Fixing of time-limits: Reply and Rejoinder
Available in:
English French Bilingual

Order of 28 April 1995

Fixing of time-limit: Memorials (Merits)
Available in:
English French Bilingual

Order of 1 February 1996

Extension of time-limit: Memorials (Merits)
Available in:
English French Bilingual

Order of 30 October 1996

Fixing of time-limit: Counter-Memorials (Merits)
Available in:
English French Bilingual

Order of 30 March 1998

Decision concerning content of Replies; fixing of time-limits: interim report and Replies (Merits)
Available in:
English French

Order of 17 February 1999

Decision regarding content of the Replies; extension of time-limit: Replies (Merits)
Available in:
English French Bilingual

Judgments

Summaries of Judgments and Orders

Summary 1994/2

Summary of the Judgment of 1 July 1994
Available in:
English French

Summary 1995/1

Summary of the Judgment of 15 February 1995
Available in:
English French

Summary 2001/1

Summary of the Judgment of 16 March 2001
Available in:
English French

Press releases

Press release 1991/21

8 July 1991
Qatar brings a case against Bahrain
Available in:
English French

Press release 1991/29

16 October 1991
Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Qatar v. Bahrain) - Fixing of time-limits for the filing of initial written pleadings
Available in:
English French

Press release 1992/19

29 June 1992
Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Qatar v. Bahrain) - Fixing of time-limits
Available in:
English French

Press release 1993/16

5 July 1993
Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Qatar v. Bahrain) - Hearings to open on 28 February 1994
Available in:
English French

Press release 1994/9
(French version only)

14 March 1994
Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Qatar v. Bahrain) - Progress and Conclusion of Public Hearings
Available in:
French

Press release 1994/14

22 June 1994
Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Qatar v. Bahrain) - Jurisdiction and Admissibility - Judgment to be delivered on 1 July 1994
Available in:
English French

Press release 1994/16

1 July 1994
Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Qatar v. Bahrain) - Jurisdiction and admissibility
Available in:
English French

Press release 1994/23
(French version only)

12 December 1994
The International Court of Justice has resumed its work in the case concerning Maritime Delimitation and Territorial Questions between Qatar and Bahrain - A new Judgment is to be expected as soon as possible
Available in:
French

Press release 1995/5

8 February 1995
Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Qatar v. Bahrain) - Court to deliver its Judgment 15 February 1995
Available in:
English French

Press release 1995/6

15 February 1995
Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Qatar v. Bahrain) - Judgment on Jurisdiction and Admissibility
Available in:
English French

Press release 1995/11

1 May 1995
Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Qatar v. Bahrain) - Proceedings on the merits
Available in:
English French

Press release 1996/2

5 February 1996
Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Qatar v. Bahrain) - Extension of time-limit
Available in:
English French

Press release 1996/30

22 November 1996
Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Qatar v. Bahrain) - Fixing of time-limit for Counter-Memorials on the merits
Available in:
English French

Press release 1998/12

1 April 1998
Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Qatar v. Bahrain) - The Court directs a further round of written pleadings
Available in:
English French

Press release 1999/5

18 February 1999
Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Qatar v. Bahrain) - The Court places on record Qatar's decision to disregard disputed documents and extends the time-limit for the filing of Replies
Available in:
English French

Press release 2000/13

14 April 2000
Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Qatar v. Bahrain) - Hearings on the merits of the dispute to open on Monday 29 May 2000 at 10 a.m.
Available in:
English French

Press release 2000/22

29 June 2000
Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Qatar v. Bahrain) - Conclusion of the public hearings on the merits of the dispute - Court ready to consider its Judgment
Available in:
English French

Press release 2001/6

8 March 2001
Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Qatar v. Bahrain) - Court to deliver its Judgment on Friday 16 March 2001 at 3 p.m.
Available in:
English French

Press release 2001/9

16 March 2001
Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Qatar v. Bahrain) - The Court finds that Qatar has sovereignty over Zubarah and Janan Island and that the low-tide elevation of Fasht ad Dibal falls under the sovereignty of Qatar; it finds that Bahrain has sovereignty over the Hawar Islands and the island of Qit'at Jaradah; and it draws a single maritime boundary between the two States
Available in:
English French

Correspondence

Correspondence

25 September 1997
Correspondence
Available in:
English French