CHAPTER XI –
Dispositif
527. Accordingly, THE
TRIBUNAL,
taking
into account the foregoing considerations and reasons,
UNANIMOUSLY
FINDS IN THE PRESENT CASE THAT
i. the
islands, islet, rocks, and low-tide elevations forming the Mohabbakah islands,
including but not limited to Sayal Islet, Harbi Islet, Flat Islet and High
Islet are subject to the territorial sovereignty of Eritrea;
ii. the
islands, islet, rocks, and low-tide elevations forming the Haycock Islands,
including, but not limited to, North East Haycock, Middle Haycock, and South
West Haycock, are subject to the territorial sovereignty of Eritrea;
iii.
the South West Rocks are subject to the territorial sovereignty of Eritrea;
iv. the
islands, islet, rocks, and low-tide elevations of the Zuqar-Hanish group,
including, but not limited to, Three Foot Rock, Parkin Rock, Rocky Islets, Pin
Rock, Suyul Hanish, Mid Islet, Double Peak Island, Round Island, North Round
Island, Quoin Island (13°43'N, 42°48'E), Chor Rock, Greater Hanish, Peaky
Islet, Mushajirah, Addar Ail Islets, Haycock Island (13°47'N, 42°47'E; not to
be confused with the Haycock Islands to the southwest of Greater Hanish), Low
Island (13°52'N, 42°49'E) including the unnamed islets and rocks close north,
east and south, Lesser Hanish including the unnamed islets and rocks close
north east, Tongue Island and the unnamed islet close south, Near Island and
the unnamed islet close south east, Shark Island, Jabal Zuquar Island, High Island,
and the Abu Ali Islands (including Quoin Island (14°05'N, 42°49'E) and Pile
Island) are subject to the territorial sovereignty of Yemen;
v. the
island of Jabal al-Tayr, and the islands, islets, rocks and low-tide elevations
forming the Zubayr group, including, but not limited to, Quoin Island (15°12'N,
42°03'E), Haycock Island (15°10'N, 42°07'E; not to be confused with the Haycock
Islands to the southwest of Greater Hanish), Rugged Island, Table Peak Island,
Saddle Island and the unnamed islet close north west, Low Island (15°06'N,
42°06'E) and the unnamed rock close east, Middle Reef, Saba Island, Connected
Island, East Rocks, Shoe Rock, Jabal Zubayr Island, and Centre Peak Island are
subject to the territorial sovereignty of Yemen; and
vi. the
sovereignty found to lie with Yemen entails the perpetuation of the traditional
fishing regime in the region, including free access and enjoyment for the
fishermen of both Eritrea and Yemen.
528. Further, whereas
Article 12.1(b) of the Arbitration Agreement provides that the Awards shall
include the time period for their execution, the Tribunal directs that this
Award should be executed within ninety days from the date hereunder.
ــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــ
Done at London this 9th day
of October, 1998
The President of the
Tribunal
/s/ Professor Sir Robert Y.
Jennings
The Registrar
/s/ P.J.H. Jonkman