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Thursday
Remedies Sought by Costa Rica
Costa Rica asks the ICJ to order a cessation of the restrictions placed upon the navigation of the San Juan River by Nicaragua. In addition, Costa Rica seeks reparations for any unlawful economic or punitive sanctions imposed by Nicaragua in relation to the dispute.
In its Order, under Article 48 of the Statute of Court, the ICJ set the time-limits discussed above for the submission of Costa Rica's Memorial and Nicaragua's Counter-Memorial.
Article Source: travel.state.gov
Article Source: www.juscogens.net
Saturday
The ICJ's Jurisdiction: Costa Rica Position
Costa Rica asserts the ICJ's jurisdiction over the present dispute on two grounds. First, Cost Rica argues the ICJ possesses jurisdiction under Article 36 of the Statute of the Court.
Article 36 is the compulsory jurisdiction provision of the ICJ Statute, providing jurisdiction over four categories of cases for all state parties to the ICJ Statute that have declared such jurisdiction of the ICJ as compulsory. The four categories of cases include "the interpretation of a treaty, any question of international law, the existence of any fact which, if established, would constitute a breach of an international obligation, or the nature or extent of the reparation to be made for the breach of an international obligation."
Costa Rica cites the acceptance of the Court's compulsory jurisdiction made by Costa Rica in 1973 and Nicaragua in 1929.
Second, Costa Rica also asserts the ICJ's jurisdiction under Article 36 of the Statute of the Court. Article 36 provide for the ICJ's jurisdiction in "all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force."
By operation of the American Treaty on Pacific Settlement of Disputes, Article XXXI, Costa Rica invokes the ICJ's jurisdiction under Article 36 of the Statute of the Court.
Article Source: travel.state.gov
Article Source: www.juscogens.net
Thursday
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
Wednesday
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
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