230
i n t e r nat i o na l l aw
the International Court of Justice.
170
The Court noted that a condominium
arrangement being ‘a structured system for the joint exercise of sovereign
governmental powers over a territory’ was normally created by agreement
between the states concerned, although it could be created as a juridical
consequence of a succession of states (as in the Gulf of Fonseca situation
itself), being one of the ways in which territorial sovereignty could pass
from one state to another. The Court concluded that the waters of the
Gulf of Fonseca beyond the three-mile territorial sea were historic waters
and subject to a joint sovereignty of the three coastal states. It based its
decision, apart from the 1917 judgment, upon the historic character of
the Gulf waters, the consistent claims of the three coastal states and the
absence of protest from other states.
171
International administration of territories
In such cases a particular territory is placed under a form of international
regime, but the conditions under which this has been done have varied
widely, from autonomous areas within states to relatively independent
entities.
172
The UN is able to assume the administration of territories in
specific circumstances. The trusteeship system was founded upon the su-
pervisory role of the UN,
173
while in the case of South West Africa, the
General Assembly supported by the Security Council ended South Africa’s
mandate and asserted its competence to administer the territory pend-
ing independence.
174
Beyond this, UN organs exercising their powers may
assume a variety of administrative functions over particular territories
where issues of international concern have arisen. Attempts were made to
create such a regime for Jerusalem under the General Assembly partition
resolution for Palestine in 1947 as a ‘
corpus separatum
under a special in-
ternational regime . . . administered by the United Nations’, but this never
materialised for a number of reasons.
175
Further, the Security Council
170
ICJ Reports, 1992, pp. 351, 597 ff.; 97 ILR, pp. 266, 513 ff. El Salvador and Nicaragua were
parties to the 1917 decision but differed over the condominium solution. Honduras was
not a party to that case and opposed the condominium idea.
171
ICJ Reports, 1992, p. 601; 97 ILR, p. 517.
172
See e.g. R. Wilde,
International Territorial Administration
, Oxford, 2008; M. Ydit,
Internationalised Territories
, Leiden, 1961; Crawford,
Creation of States
, pp. 501 ff.;
Brownlie,
Principles
, pp. 60 and 167, and Rousseau,
Droit International Public
, vol. II,
pp. 413–48.
173
See further above, p. 224.
174
See above, p. 225.
175
Resolution 18(II). See e.g. E. Lauterpacht,
Jerusalem and the Holy Places
, London, 1968,
and Ydit,
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