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Treaty Between the Government of the United States of America and the Government of Niue on the Delimitation of a Maritime Boundary, Wellington [1997] PITSE 1 (13 May 1997)

TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF NIUE ON THE DELIMITATION OF A MARITIME BOUNDARY

(Wellington, 13 May 1997)

ENTRY INTO FORCE: 13 May 1997


THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF NIUE, hereinafter the Parties;

DESIRING to strengthen the bonds of friendship between the two Parties;

RECALLING the tradition of co-operative relations and close ties between the people of the United States of America a and the people of Niue;

NOTING the Fishery Conservation and Management Act 1976 and the Presidential Proclamation No. 5030 of March 10, 1983, establishing an exclusive economic zone for the United States of America;

NOTING Act No. 220 of April 7, 1997, establishing an exclusive economic zone for Niue;

DESIROUS of establishing the maritime boundary between the United States of America (American Samoa) and Niue, on the basis of equidistance;

HAVE AGREED AS FOLLOWS:


Article I

The sole purpose of this treaty is to establish, in accordance with international law, the maritime boundary between the United States of America (American Samoa) and Niue.

Article II

The geodetic and computational bases used to determine this boundary are the North American Datum 1983 ("NAD 83") and the world Geodetic System 1984 ("WGS 84") which, for the purpose of this boundary treaty, are considered identical For the purpose of illustration only, the boundary line has been drawn on a map annexed to this treaty.

Article III

The maritime boundary between the United States of America (American Samoa) and Niue shall be determined by geodesics connecting the following coordinates:

Point.
Latitude (South).
Longitude (West)
1
17 ° 33’18"
166 ° 38’31"
2
17 ° 32’55"
166 ° 39’38"
3
17 ° 23'55"
167 ° 61’36"
4
17 ° 10’49"
167 ° 45’27"
5
17 ° 04’39"
168 ° 03’34"
6
17 ° 01’07"
168 ° 13’55"
7
16 ° 47’47"
168 ° 52’31"
8
16 ° 39’00"
169 ° 17’32"
9
16 ° 38’12"
169 ° 19’47"
10
16 ° 38’01"
169 ° 22’25"
11
16 ° 37’04"
169 ° 36’12"
12
16 ° 35’39"
169 ° 55’57"
13
16 ° 36’16"
169 ° 59’13"
14
16 ° 37’23"
170 ° 05’15"
15
16 ° 41’39"
170 ° 28’26"
16
16 ° 43’16"
170 ° 37’28"
17
16 ° 43’49"
170 ° 40’35"
18
16 ° 49’33"
171 ° 13’23"
19
16 ° 50’25"
171 ° 18’19"

Article IV

On the side of the maritime boundary adjacent to the United States of America (American Samoa), the Government of Niue shall not, and on the side of the maritime boundary adjacent to Niue, the Government of the United States of America (American Samoa) shall not, claim or exercise for any purpose sovereignty, sovereign rights, or jurisdiction with respect to the waters or seabed or subsoil.

Article V

The maritime boundary established by this treaty shall not affect or prejudice in any manner either party's position with respect to the rules of international law relating to the law of the sea, including those concerned with the exercise of sovereignty, sovereign rights, or jurisdiction with respect to the waters or seabed or subsoil.

Article VI

Any dispute concerning the interpretation or application of this agreement shall be resolved by negotiation or other peaceful means as may be agreed upon by the Parties.

Article VII

This treaty shall be subject to ratification and shall enter into force on the date of the exchange of instruments of ratification.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this treaty.

DONE in duplicate at Wellington, New Zealand this day of May 1997.

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:

FOR THE GOVERNMENT OF NIUE:

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