The effects of Islands on the definition of the international maritime boundaries : the Kuwaiti sui generis case

الملخص EN

The effects of the three Islands : Garu, Umm al-Maradim and failaka, on the marine boundary delimitations between the Kingdom of Saudi Arabia and Kuwait have been reiterated several times, most recently upon the conclusion and implementation of the 2000 agreement defining the marine boundaries between the Kingdom of Saudi Arabia and Kuwait.

the prevailing evidence found in the literature, the existing agreements, the practice of the disputant.

states, and principles of international law have been conclusive in verifying the relevance of these islands to the disputed offshore boundaries between the two states.

however, notwithstanding the established relevance of the three islands under international law to the disputed marine boundaries, upon the conclusion of the agreement between the Kingdom of Saudi Arabia and Kuwait to define marine boundaries between them, the disputant states have treated the islands differently.

this divergent approach has not been based completely on the general principles of international law governing the effects of islands on maritime boundary delimitations but on other factors, mostly for the benefit of one party at the expense of the other.

moreover, this approach may constitute an encroachment on the territorial sovereignty of one party by the other and may negatively influence the former's future maritime boundary delimitations with a third state.