Public International Law

Report on International Law Issues

By: Mr. Cris T. Casiple
Issue: Dispute over the Continental Shelf1 between Nicaragua and Colombia beyond
200 nautical miles from the Nicaraguan Coast.
(Put map here of the territory under dispute and the relevant explanation, caption and
credit.)
International Court of Justice Press Releases on the Issue (from latest to earlier releases on the
issue)
10 December 2013. ICJ fixed the time limits for the filing of initial pleadings in the case
concerning the given question [issue above] by an order dated 9 December 2013.
9 December 2014 - time limit for the filing of a memorial2 by the Republic of
Nicaragua
9 December 2015 - time limit for the filing of a counter-memorial3 by the
Republic of Colombia.
History of the Case:
16 September 2013 - Nicaragua instituted a proceeding against Colombia for
the delimitation.
27 November 2013. Nicaragua instituted proceedings against Colombia with regard to
alleged violation of Nicaragua's sovereign rights and maritime zones.
Violations are based on the following:
(1) Declaration of such right by the Court's judgement on 19 November 2012 4.
(2) Article 2 (4) of the UN Charter 5 and international customary law6 on the
obligation not to use or threaten to use force.
(3) Parts V and VI of UNCLOS7
Footnotes:
1. Continental shelf 2. Memorial 3. Counter-memorial 4. ICJ Judgement dated 19 November 2012.
In paragraph 251 of the judgement, defined is the single maritime boundary
between the continental shelf and the Exclusive Economic Zone (EEZ) of Nicaragua
and Colombia within the 200-nautical mile limit from the baselines from which the
breadth of the territorial sea of Nicaragua is measured.
5. Provision of the UN Charter
6. International Customary Law 7. the United Nations Convention on the law of the Sea.Thia is a cuomary

international law.
Part V
Part VI

To whom violation is attributed?

(1) the Colombian President, (state name here)
(2) the Colombian Vice President,
(3) the Colombian Foreign Minister,
(4) the Colombian Commander of Navy,
Declarations/Actions constituting violations:
(1) Article 5 (PD 1946)
- The President described an "Integral Contiguous Zone" to cover maritime
spaces that extend from the south8 to the north9.
- Further stated that in this ICZ, Colombia wil exercise jurisdiction and control
over all areas related to security and the struggles against delinquency, and
over fiscal, custom, environmemtal, immigration and health matters and
other areas as well.
(2) Threatening declarations by colomvian authorities.
(3) Hostile treatment given by the Colombian naval forces to Nicaraguan vessels.
(4) Rejection by the President of Colombia of the Dialogue proposed by the President
of Nicaragua to discuss iasues relating to the implementation of the Court's
judgement.
Jurisdiction of the Court
Provided for in Article XXXI of the American Treaty on Pacific Settlement10 where
both countries are parties.
Effect of Colombia's Denunciation of the Pact on Court's Jurisdiction.
Denunciation, notice when made ---> 27 November 2012
Denunciation, when to take effect11---> after November 2013
Proceedings, when instituted ---> 27 November 2013
Conclusion ---> Court has jurisdiction.
Footnote:
10. Officially known as the "Pact of Bogota", it was signed on 30 April 1948.
Article XXXI.
11. In accordance with Article LVI of the Pact, denunciation shall take effect after 1 year
upon notice.

Other Bases of Nicaragua for the Court not Losing Jurisdiction

(1) the jurisdiction of the court lies in its inherent power to pronounce on the
actions by its judgrment.12
(2) its reservation of its right to suplement, amend or modify its application.

Sources:
International Court of Justice Unofficial Pres Releaaes dated 10 December 2013, 27
November 2013, and 9 September 2013.

Footnote:
12. Judgememt dated 19 November 2012