evidence: Whereas Qatar maintains - just as it did with regard to Qit'at Jaradah - that Fasht ad Dibal as a low-tide elevation cannot be appropriated, Bahrain contends that low-tide elevations by their very nature are territory, and therefore can be appropriated in accordance with the criteria which pertain to the acquisition of territory. [...] [pp. 220-221 Decl. Vereshchetin] 13. I regret also being unable to concur with another finding of the Court relating to the characterization of the maritime feature Qit'at Jaradah as "an island" (paras. 195 and 252 (4) of the Judgment). The opposing views of the experts, the absence of any evidence whatsoever to the effect that Qit'at Jaradah has ever been shown on nautical charts as an island, the alleged attempts of both States to artificially change the upper part of its surface, do not allow me to conclude that Qit'at Jaradah has the legal status of an island as provided for in the 1982 Convention on the Law of the Sea. In my assessment, this tiny maritime feature (see para. 197 of the Judgment), constantly changing its physical condition, cannot be considered an island having its territorial sea. Rather, it is a low-tide elevation, whose appurtenance depends on its location in the territorial sea of one State or the other. Therefore the attribution of Qit'at Jaradah should have been effected after the delimitation of the territorial seas of the Parties and not vice versa.