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Viewing cable 06BRIDGETOWN635, WIN-WIN OR LOSE-LOSE: MARITIME BORDER DISPUTE

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Reference ID Created Released Classification Origin
06BRIDGETOWN635 2006-04-12 18:05 2011-08-24 01:00 UNCLASSIFIED Embassy Bridgetown
VZCZCXRO1345
PP RUEHGR
DE RUEHWN #0635/01 1021805
ZNR UUUUU ZZH
P 121805Z APR 06
FM AMEMBASSY BRIDGETOWN
TO RUEHC/SECSTATE WASHDC PRIORITY 2272
INFO RUCNCOM/EC CARICOM COLLECTIVE PRIORITY
RUEHCV/AMEMBASSY CARACAS PRIORITY 1405
RUEHTC/AMEMBASSY THE HAGUE PRIORITY 0809
RUEHCV/USDAO CARACAS VE PRIORITY
RUMIAAA/HQ USSOUTHCOM J2 MIAMI FL PRIORITY
RUMIAAA/HQ USSOUTHCOM J5 MIAMI FL PRIORITY
UNCLAS SECTION 01 OF 02 BRIDGETOWN 000635 
 
SIPDIS 
 
SIPDIS 
 
SOUTHCOM ALSO FOR POLAD 
 
E.O. 12958: N/A 
TAGS: PBTS EWWT ETRD EPET PHSA TT BB GY VE XL
SUBJECT: WIN-WIN OR LOSE-LOSE: MARITIME BORDER DISPUTE 
RESOLVED? 
 
 
1.  (U) SUMMARY: On April 11, the Permanent Court of 
Arbitration in The Hague handed down its ruling finally 
establishing a single maritime boundary between Barbados and 
Trinidad and Tobago.  The new border differs from those 
claimed by each of the parties in their pleadings, yet both 
countries are claiming victory.  The decision also affirms 
Barbados' right to explore hydrocarbon reserves beyond its 
previous Exclusive Economic Zone (EEZ).  The Arbitral 
Tribunal declined to render a decision on a fisheries regime, 
obligating Barbados and Trinidad and Tobago to negotiate in 
good faith an agreement which will ensure the conservation 
and development of wildlife, while according Barbadian 
fisherfolk access to fisheries within Trinidad and Tobago's 
EEZ.  End Summary. 
 
2.  (U) In an April 11 press release, the Permanent Court of 
Arbitration in the Hague announced its ruling on the two-year 
maritime boundary case between the governments of Barbados 
(GOB) and Trinidad and Tobago (GOTT).  The ruling established 
a single maritime boundary which differs from the claims of 
both parties. 
 
HISTORY 
------- 
 
3.  (U) Barbados initiated arbitration proceedings on 
February 16, 2004, after the arrest of two Barbadian 
fishermen and the confiscation of their catch by GOTT Coast 
Guard officers who charged them with fishing illegally in 
GOTT waters, putting an end to ongoing fisheries 
negotiations.  At the real heart of the quarrel, however, is 
access to and exploitation rights for oil and gas resources 
in the largest portion of the disputed area, some 30,000 
square miles. 
 
4.  (U) A dispute of this nature is not surprising, since the 
proximity of these island states locates them within each 
other's EEZ.  An EEZ is a seazone over which a state has 
special rights over the exploration and use of marine 
resources, generally defined as 200 nautical miles out from 
its coast, except where it would encroach on another 
country's territorial waters (12 nautical miles). 
Demarcation agreements are common in the international 
fishing industry, but enforcement is limited to the 
capabilities of individual countries to police their 
territory.  Violations are commonplace. 
 
RESULTS 
------- 
 
5.  (U) The boundary set by the Arbitral Tribunal seems to 
represent an equitable compromise.  Beginning at the 
previously agreed median line, it extends north-west in favor 
of Trinidad and Tobago's claim and south-east in favor of 
Barbados' claim.  It also minimally extends GOTT's 
continental shelf to the south-east where it meets with 
Venezuela's maritime boundary, giving GOTT claim to an 
additional 315 nautical miles.  This apportionment is in 
contrast to the 30,000 square nautical miles of seabed 
claimed in GOTT's original proposal. 
 
6.  (U) The Tribunal held that it lacked jurisdiction to 
render a substantive decision regarding the fisheries 
dispute, and charged GOTT and GOB to come to an agreement 
which would "ensure conservation and development of 
flyingfish stocks, and to negotiate in good faith and 
conclude an agreement that will accord fisherfolk of Barbados 
access to fisheries with the Exclusive Economic Zone of 
Trinidad and Tobago." 
 
IN YOUR FACE 
------------ 
 
7.  (U) Media reports say that both countries are claiming 
total victory in the resolution, although both have lost 
ground on their original objectives.  Trinidad media reports 
are touting the decision as "historic," claiming that it 
confirms the "integrity of the unitary state of Trinidad and 
Tobago," and that Barbados claims to historic and fundamental 
access to fisheries off of Tobago were unsubstantiated. 
Barbados media reports that the GOB is claiming a "99 
percent" victory, noting that Trinidad and Tobago's claim to 
nearly 30,000 square nautical miles was denied, giving the 
GOTT only 1 percent of what they were seeking and Barbados 
 
BRIDGETOWN 00000635  002 OF 002 
 
 
exclusive right to exploit hydrocarbon reserves under the 
seabed in its EEZ. 
 
ALL ABOUT OIL 
------------- 
 
8.  (U) The real gain for Barbados is in oil exploration 
rights; it has already begun courting international oil 
companies, including ESSO and Shell, to begin talks on 
developing these resources.  Barbados' goal is to supplement 
its current production rate of 1200 barrels per day, 
ultimately aiming to meet its consumption rate of 8000 
barrels per day. 
 
COMMENT 
------- 
 
9.  (U) While shrouded in claims of ancient fishing rites and 
territorial unity, this dispute is more about oil exploration 
than traditional fishing holes.  Both parties still need to 
negotiate fishing rights agreements, and despite an initially 
triumphant response from Trinidad, an amicable bilateral 
agreement regarding fishing rights is unlikely in the near 
term.  Additionally, Barbados officials believe this case 
could set the precedent for future maritime claims, such as 
that of Guyana against Venezuela. 
KRAMER