Costa Rica's Position in Instituting Proceedings with the ICJ
In the Application, Costa Rica acknowledges that the Treaty of Limits, Article VI, granted Nicaragua sovereignty over the San Juan River waters but also alleges the Treaty of Limits recognizes "important rights to Costa Rica."
The Application states that the Cleveland award and the 1916 case "confirmed and interpreted with binding effect" these rights. According to the Application, the rights of Costa Rica on the San Juan River, given the above instruments, include: the perpetual right of free navigation for commercial purposes, the right of Costa Rican boats to touch river banks where there is common navigation (without paying any dues), the right to navigate the river pursuant to Article II of the Cleveland Award, the right to navigate in official boats for supply purposes, and the right of non-interference where Costa Rica is entitled navigation of the San Juan River.
Costa Rica's Application also notes that on 28 September 2005 the Nicaraguan General Assembly passed a resolution threatening to impose a 35% import tax on Costa Rican goods if Costa Rica brought the present case to the ICJ.
Article Source: travel.state.gov
Article Source: www.juscogens.net
The Application states that the Cleveland award and the 1916 case "confirmed and interpreted with binding effect" these rights. According to the Application, the rights of Costa Rica on the San Juan River, given the above instruments, include: the perpetual right of free navigation for commercial purposes, the right of Costa Rican boats to touch river banks where there is common navigation (without paying any dues), the right to navigate the river pursuant to Article II of the Cleveland Award, the right to navigate in official boats for supply purposes, and the right of non-interference where Costa Rica is entitled navigation of the San Juan River.
Costa Rica's Application also notes that on 28 September 2005 the Nicaraguan General Assembly passed a resolution threatening to impose a 35% import tax on Costa Rican goods if Costa Rica brought the present case to the ICJ.
Article Source: travel.state.gov
Article Source: www.juscogens.net
posted by Tian at 4:08 PM
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