Costa Rica's Position in Instituting Proceedings with the ICJ
On 29 September 2005 Costa Rica filed an Application Instituting Proceedings ("Application") in the registry of the ICJ entitled "Dispute Concerning Navigational and Related Rights of Costa Rica on the San Juan River (Costa Rica v. Nicaragua)."
In the Application, Costa Rica alleges that Nicaragua has "imposed a number of restrictions on the navigation of Costa Rican boats and their passengers on the San Juan River."
Examples of such restrictions include imposing charges on Costa Rican boats and passengers, requiring check-points at Nicaraguan military posts along the river, prohibiting official Costa Rican supply boats to navigate the river, imposing timetables for river navigation, and limiting free moorage.Costa Rica argues such restrictions are breaches of several obligations Nicaragua owes Costa Rica. Specifically, Costa Rica alleges breaches of the following:
- The Treaty of Limits between Costa Rica and Nicaragua, San Jose, 15 April 1858 (the "Treaty of Limits");
- The arbitral award issued by the President of the United States of America, Grover Cleveland, on 22 March 1888, declaring the extent of Costa Rica's right of navigation of the San Juan River (the "Cleveland Award");
- The judgment of the Central American Court of Justice in the case Costa Rica v. Nicaragua, 13 September 1916 (the "1916 case");
- The Agreement Supplementary to Article IV of the Pact of Amity, Washington, 9 January 1956 (the "Pact of Amity");
- Other applicable rules and principles of international law.
Article Source: travel.state.gov
Article Source: www.juscogens.net
In the Application, Costa Rica alleges that Nicaragua has "imposed a number of restrictions on the navigation of Costa Rican boats and their passengers on the San Juan River."
Examples of such restrictions include imposing charges on Costa Rican boats and passengers, requiring check-points at Nicaraguan military posts along the river, prohibiting official Costa Rican supply boats to navigate the river, imposing timetables for river navigation, and limiting free moorage.Costa Rica argues such restrictions are breaches of several obligations Nicaragua owes Costa Rica. Specifically, Costa Rica alleges breaches of the following:
- The Treaty of Limits between Costa Rica and Nicaragua, San Jose, 15 April 1858 (the "Treaty of Limits");
- The arbitral award issued by the President of the United States of America, Grover Cleveland, on 22 March 1888, declaring the extent of Costa Rica's right of navigation of the San Juan River (the "Cleveland Award");
- The judgment of the Central American Court of Justice in the case Costa Rica v. Nicaragua, 13 September 1916 (the "1916 case");
- The Agreement Supplementary to Article IV of the Pact of Amity, Washington, 9 January 1956 (the "Pact of Amity");
- Other applicable rules and principles of international law.
Article Source: travel.state.gov
Article Source: www.juscogens.net
posted by Tian at 6:35 PM
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