By FRANCIS JOSEPH, Newsday TT

THE Government of Barbados has filed a statement of claim before the International Tribunal for the Law of the Sea (ITLOS) in Germany concerning a breakdown between the two countries in reaching a new maritime agreement.

According to the document, Barbados contends that efforts to negotiate a maritime boundary have been unsuccessful. The statement was lodged on Monday with ITLOS in Hamburg, Germany. Yesterday, the president of the Tribunal, Dolliver Nelson, informed the other 20 international judges of the statement and the document sent by the Barbados Government. (See Page 11 for full Barbados statement). Barbados has been consulting a team of international legal experts over the last three months, while Trinidad and Tobago decided to use diplomacy in reaching an agreement. Since then, Guyana and Grenada have expressed interest in the matter. Barbados moved on legal proceedings despite an impromptu visit to Bridgetown last Monday by Prime Minister Patrick Manning, and then a visit yesterday by a high-powered Ministerial team to Barbados in an attempt to revolve the matter before it makes the international stage. But the two initiatives by Trinidad and Tobago came too late, as the Barbados government despatched its statement of claim to ITLOS.

According to the document, the dispute between the two countries relates to the delimitation of the exclusive economic zone and continental shelf between Barbados and Trinidad and Tobago.
Under the heading ESSENTIAL FACTS, it was stated:
(A) Barbados and Trinidad and Tobago are in a situation of coastal opposition.
(B) Barbados fisherfolk enjoy traditional fishing rights in maritime territory beyond the territorial sea around the island of Tobago by virtue of Barbados' historic fishing activities there.
(C) The respective claims of Barbados and Trinidad and Tobago to exclusive economic zones and continental shelves conflict at a number of points.
(D) Efforts to negotiate a maritime boundary have been unsuccessful.

Barbados' claim was based on the provisions of the United Nations Convention on the Law of the Sea as applied to the relevant facts. Details of the grounds relied upon by Barbados will be revealed at the appropriate stage as ITLOS sees fit. Under the heading RELIEFS SOUGHT, Barbados is claiming a single unified maritime boundary line, delimiting the exclusive economic zone and continental shelf between it and Trinidad and Tobago. Details of the claim will be revealed at the appropriate stage. While Trinidad and Tobago has failed to respond legally, Barbados has gone ahead and made their appointments.

Barbados Attorney General Mia Mottley is the agent for her country, with Englishman Robert Volterra as its co-agent. Barbados has appointed Vaughan Lowe, Chichele Professor of International Law, University of Oxford, as its "ad hoc judge," and a member of ITLOS to hear and determine the dispute. Both Barbados and Trinidad and Tobago are entitled to have a respresentative on the Tribunal to hear the matter. Trinidad and Tobago need not appoint any 'adhoc judge.' Retired TT Court of Appeal Judge Anthony Lucky, who became a member of ITLOS on September 30, 2003, will be this country's representative on the Tribunal. But TT is yet to appoint its agents to deal with this matter. AG Mottley wants to meet with her TT counterpart to determine rules of procedure, venue and other matters with respect to the constitution of the Tribunal, including whether they may wish to agree on members of the Tribunal.