PEP52
Analítico de Periódico
UNITED NATIONS
Reports of international arbitral awards = Recueil des sentences arbitrales / United Nations = Nations Unies
Reports of international arbitral awards, New York, 1980, 579,[16]p.
Vol. XVII. - Classificação GDDC: 100-08. - Este documento pertence à "Doação Paula Escarameia".
DIREITO INTERNACIONAL PÚBLICO, ARBITRAGEM INTERNACIONAL, FRONTEIRAS / Índia / Paquistão
Foreword. Avant-propos. Case concerning the Indo-Pakistan Western boundary (Rann of Kutch) between India and Pakistan Tribunal constituted pursuant to Agreement of 30 June 1965. Introductory Note. Award. CHAPTER I: INTRODUCTION. 1- Constitution of the Tribunal. Proceedings. 2- The Question of ex aequo et bono. 3- Submissions. 4- Pillars on the Claimed Boundary Lines. 5- The Main Arguments and Evidence of the Parties. 6- Relevant Dates. 7- Applicable Law. Equity. CHAPTER II: THE NATURE OF THE RANN, AND THE “MEDIAN LINE” CONCEPT. 1- The Nature of the Rann. 2-The “Median Line” Concept. CHAPTER III: HISTORICAL BACKGROUND. 1- Kutch and Sind until the Advent of the British. (a) Kutch . (b) Sind. 2- The Advent of the British. 3- The Shape of British Rule in India. 4- The End of British Rule in India. CHAPTER IV: BOUNDARIES WITHIN INDIA UNDER BRITISH RULE. CHAPTER V: SURVEYS AND MAPS. 1- Maps as Evidence. 2- The Authority of the Survey of India. 3- The Distribution of Maps. 4- Pre-Survey Maps. 5-The Survey of Sind in 1855-70 (Macdonald). 6- The Survey of Kutch in 1879-86 (Pullan). 7- The Survey of Parts of Sind in 1904 – 05 (Erskine). 8- The Survey of Parts of Sind in 1937 – 38 (Osmaston). The Eastern-Most Triangle. 9- Atlas and Degree Sheets and Maps of Western India States Agency. 10- The 32-Mile Map of India. Mr. Bebler’s presentation of Sections 4 to 10 of Chapter V: Surveys and Maps. 4A- Pre-Survey Maps. 5A- The Survey of Sind in 1855-70 (Macdonald). 6A- The Survey of Kutch in 1879 – 86 (Pullan). 7A- The Survey of Parts of Sind in 1904 – 05 (Erskine). 8A- The Survey of Parts of Sind and Parts of the States of Western India in 1937-38 (Osmaston). 9A- The Indian Atlas Series. 10A- The 32-Mile Map of India. CHAPTER VI: THE ISSUE OF RIGHTS IN PARTS OF RANN. 1- The Enquiry of Miles (1823). 2- The Keswala Bet Decision (1860). 3- The Poong Bet Decision (1867). 4- The Nara Bet Decision (1897). 5- The Kennedy “Valuation Judgment” (1898). 6- The Nara Bet after 1897 and the North-Eastern Rann. 7- Maps Which Show Boundaries in the Rann. 8- Other References to Possessions of Indian States in the Rann. 9- Summary and General Argument. CHAPTER VII: CERTAIN NON-CARTOGRAPHICAL EVIDENCE. 1- Introduction. 2- The Rann as an Entity Separating Sind and Kutch. 3- The Rann as an Entity Bounding Kutch. 4- The Rann as an Entity Bounding Sind. 5- The 24th Degree of North Latitude as the Limit of Kutch. (a) Kutch Administration Reports. (b) Bombay Administration Reports. (c) Gazetteers. (d) Other Documents. 6- The 24th Degree of North Latitude as the Limit of Sind. 7- The Entire Rann Belonged to Kutch. (a) Statistical Abstracts. (b) Kutch Administration Reports. (c) Bombay Administration Reports. (d) Gazetteers. (e) Aitchison’s Treaties. (f) Some Published Works. (g) Memoranda on Native States in India. (h) Brief Notes etc., on Kutch. (i) Miscellaneous References. 8- The Northern Edge of the Rann as the Limit of Sind. 9- Sind and Kutch Conterminous along the Northern Edge of the Rann. 10- Sind and Kutch Conterminous in the Western Sector. 11-A- The Boundary of Kutch as Passing Through Particular Places. B- The Boundary of Sind as Passing Through Particular Places. 12- Miscellaneous. 13- The Rann as “No Man’s Land”. CHAPTER VIII: THE SIND-KUTCH BOUNDARY AS AN ISSUE IN BRITISH TIMES. 1- The 1876 Resolution. 2- The 1885 Resolutions. 3- The 1914 Resolution and the Erection of Pillars in 1924. (a) The Resolution. (b) The Erection of the Pillars. 4- The Creation of Sind as a Governor’s Province in 1935. CHAPTER IX: ACTS OF “JURISDICTION” IN THE NORTHERN HALF OF THE RANN. 1- The Main Submissions of the Parties. 2- Settlements of Sind Purportedly Situated Outside the Boundary Claimed by India. 3- Construction, Maintenance and Marking of Roads in the Rann, and Construction of Dharamsalas on Bets Therein. 4- Fishing Licences. 5- Projects for Canals and Irrigation Systems. 6- Salt. 7- Military Districts and Military Control. 8- Patrolling Under the Cease-Fire Agreement of 1965. 9- Survey Operations. 10- Police Surveillance and Police Jurisdiction (General). 11- Offences Inquired into by Sind Police. 12- Criminal Cases Tried in Courts of Sind and Pakistan. (a) Pre-Partition Incidents. (b) Post-Independence Incidents. 13- Criminal Cases Tried in Indian Courts. 14- Customs. 15- Dhara Banni and Chhad Bet. Pirol Valo Kun. 16- Karim Shahi Bet. 17- General Argument. Mr. Bebler’s Presentation of the Matters Dealt with in Chapter IX, Section 15: Dhara Banni and Chhad Bet. Pirol Valo Kun. CONCLUSIONS. Dissenting Opinion of Judge Aleš Bebler. The Terms of Reference of the Tribunal. The Nature and the Geographic Position of the Rann. Some Lessons of Distant History. he Suzerain and its Vassals. A Treaty and a Proclamation. Cession of British Territory. The Origin of Boundaries. Acquiescence in and Recognition of Boundaries. The Significance of Authoritative Statements. 1- The Bilateral Agreement of 1914. 2- The Kutch Administration Reports. 3- Official Documents of the Political Agent, Kutch. 4- Official Documents of the Government of Bombay. 5- Official Documents and Publications of the Government of India. 6- Official Records of the Secretary of State. 7- Official Publications of the Western India States Agency. 8- Official Publications of Sind. 9- Maps. 10- The Definition of the Boundaries of Sind in 1935. The Process of Crystallisation and Consolidation. 1802 – 1843. 1843 – 1855. 1855 - 1870. 1870 – 1914. 1914. 1914 – 1947. Display of State Authority. Evidence on Display of State Authority. I- Evidence Submitted by Pakistan. II- Evidence Submitted by India. Summary and Findings. Proposal of Mr. Nasrollah Entezam (submitted on 17 November 1967). Introduction. A Note on Some Aspects of the Case. I- Claims of the Parties. II- Nature of the Rann. III- The Relevant Date and the Critical Date. IV- Extent of the Rann on the Critical Date. V- Claim of Kutch to the Rann in 1819. VI- Comments on Certain Categories of Evidence. (1) Gazetteers. (2) Maps. (3) Index Map of 1935. (4) Kutch Administration Reports. (5) Bombay Administration Reports. (6) Statistical Abstracts. (7) The 1914 Dispute. VII- Estoppel. VIII- Upper Lands and Lands of the Lower Delta. IX- Pakistan Maps 1 and 4. X- Evidence of Inhabitants of the Region, and Persons who explored the Rann. XI- Grazing. XII- Precedents Supporting Pakistan’s Claim. XIII- Exercise of Jurisdiction. XIV- Chhad Bet. XV- Vertical Line. XVI- Karim Shahi. XVII- The Maharao’s Admissions. XVIII- Locally Recognised Boundary. XIX- No Man’s Land. XX- Was the Boundary in the Rann Between Sind and Kutch Ever Settled (i.e., is the Dispute Pending)?. Proposal. Opinion of the Chairman. Opinion of Mr. Entezam. Decision. Annex I. Agreement on the Rules of Procedure for the Demarcation of the Boundary to be Determined by the Tribunal. Index.