Non -Corrige Unco rrectP(~

C I/CR

84/2,

Cour internationale de Justice

International Court
of Justic~ THE HAGUE

LA HAYE

YEAR

1984

Case concernin Delimitation of the Maritime Boundar In the Gulf of Maine Area (Canada United States of America)
Public sitting of the Chamber

held on Saturday 5 May 1984, at 10 aomo, at the Peace Palace, Judge Ago, President of the Chamber, presiding

VERBATIM RECORD

ANNEE 1984

Affaire de la Delimitation de la frontiere maritime du golfe du Maine (Canada/Etats Unis d'Amerique) Audience publique de la chambre tenue le samedi 5 mai 1984, a 10 heures, au palais de la Paix, sous la presidence de Mo Ago, President de la chambre

COMPTE

REmJU

only authority

cited for the proposition

that('the official whose

conduct is in question must have either express or implied authority 'I) to bind his State is the United States Counter-Memorial (C l/CR 84/14,

34

referring to MUS, pp. 158-159, para. 243), and with all due

respect to my colleagues on the other side, they cannot really expect us to find their own pleadings a sufficient authority for the propositions
In any

they make.
case the United States is completely begging the question,

since the issue is not one of treaty-making

but of knowledge, The by or the means authority the United of knowledge, the State

or of unilateral declarations,
on the part is not for of the and the officials this

concerned.
has been

to bind States

the issue avoiding

used

as a vehicle

joinder of issues with Canada. Perhaps the chief characteristic of Mr. Rashkow's presentation the omission of any reference to certain significant matters
which are prominent in the documentary material used by the

was

of fact
Parties in

relation
remarkab

to acquiescence and estoppel.

le.

Two of these omissions

are quite

First, in Mr. Rashkow's lengthy speech there is no single of 5 November

of rights

reference, not even an allusion, to the aide-memoire

in which the United States first made a reservation

1969,

in the

context of "the United States-Canada Gulf of Maine"

continental

shelf boundary Second,

in the there

(MC. Annexp.s, Vol. Ill, Ann. 13, p. 67).

was no reference in Mr. Rashkow's statement

to the permit maps which

Canada sent to the United States officials in response to express requests for such maps. Such permit maps were attached to a letter

dated 8 April 1965 from the Canadian Department of Northern Affairs and
National Resources and also to the letter of 30 August 1966 from the of External Affairs to the ~nited States Embassy in

Canadian Department

Ottawa.

(MC, Annexes, Vol.

III,

Ann. 3 and 8, pp.

10 and 37.)