Maritime Delimitation and Territorial Questions

(Qatar v. Bahrain)

Facts. A dispute concerning sovereignty over certain islands and shoals, including the
delimitation of a maritime boundary were issues upon which Qatar (P) and Bahrain (D) sought
to resolve for 20 years. During this period of time, letters were exchanged and acknowledged by
both parties heads of state. A Tripartite Committee “for the purpose of approaching the
International Court of Justice”�..”� was formed by representatives of Qatar (P), Bahrain (D)
and Saudi Arabia. Though the committee met several time, it failed to produce an agreement on
the specific terms for submitting the dispute to the Court. Eventually, the meetings culminated in
“Minutes”�, which reaffirmed the process and stipulated that the parties “may”� submit the
dispute to the I.C.J. after giving the Saudi King six months to resolve the dispute. The Court’s
jurisdiction was disputed by Bahrain (D) when Qatar (P) filed a claim in the I.C.J.

Issue. Yes. An international agreement creating rights and obligations can be constituted by the
signatories to the minutes of meetings and letters exchanged. Though Bahrain (D) argued that
the Minutes were only a record of negotiation and could not serve as a basis for the I.C.J.’s
jurisdiction, both parties agreed that the letters constituted an international agreement with
binding force.

Held. Yes. An international agreement creating rights and obligations can be constituted by the
signatories to the minutes of meetings and letters exchanged. Though Bahrain (D) argued that
the Minutes were only a record of negotiation and could not serve as a basis for the I.C.J.’s
jurisdiction, both parties agreed that the letters constituted an international agreement with
binding force.