Nicaragua institutes proceedings against Colombia with regard to "legal issues subsisting" between the two States "concerning title to territory and maritime delimitation" in the western Caribbean

INTERNATIONAL COURT OF JUSTICE

Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
Website: www.icj-cij.org

Press Release
Unofficial

No. 2001/34
6 December 2001

Nicaragua institutes proceedings against Colombia with regard to “legal issues
subsisting” between the two States “concerning title to territory
and maritime delimitation” in the western Caribbean

THE HAGUE, 6 December 2001. Today, Ni caragua instituted proceedings against
Colombia with regard to “legal issues subsis ting” between the two States “concerning title to

territory and maritime delimitation” in the western Caribbean.

In its Application, Nicaragua inter alia claims that “the islands and keys of San Andres and
Providencia pertain to those groups of islands and keys that in 1821 [date of independence from
Spain] became part of the newly formed Federation of Central American States and, after the

dissolution of the Federation in 1838, . . . came to be part of the sovereign territory of Nicaragua”.
It considers in this connection that the Bacenas-Esguerra Treaty of 24March1928 “lacks legal
validity and consequently cannot provide a basis of Colombian title with respect to the Archipelago
of San Andres”. Nicaragua adds that in any case, that treaty was “not . . . a treaty of delimitation”.

Nicaragua recalls that its Constitution as earlas 1948 affirmed that the national territory
included the continental platforms on both the Atlan tic and Pacific oceans, and that by decrees of
1958, it made it clear that the resources of the con tinental shelf belonged to it. In 1965 it moreover
declared a national fishing zone of 200 nautical miles. Nicaragua goes on to state that, by claiming

sovereignty over the islands of Providencia and Sa n Andres and keys which, according to it, “have
a total of land area of 44 square kilometres and an overall coastal length that is under
20kilometres, Colombia claims dominion over more than 50,000 square kilometres of maritime
space that appertain to Nicaragua”, which represen ts “more than half” the maritime spaces of
Nicaragua in the Caribbean Sea. It contends that the current situation is “seriously imperilling the

livelihood of the Nicaraguan people, particularly those of the Caribbean coast that traditionally
have had a great dependence on natural resources of the sea” and observes that the Colombian navy
has been intercepting and capturing a number of fishing vessels “in areas as close as 70miles off
the Nicaraguan coast”, east of the 82meridian. Nicaragua finally maintains that diplomatic

negotiations have failed.

Nicaragua therefore requests the Court to adjudge and declare:

“First, that . . . Nicaragua has sovereignty over the islands of Providencia, San Andres

and Santa Catalina and all the appurtenant islands and keys, and also over the
Roncador, Serrana, Serranilla a nd Quitasueño keys (in so far as they are capable of
appropriation); - 2 -

Second, in the light of the determinations concerning title requested above, the Court
is asked further to determine the course of the single maritime boundary between the

areas of continental shelf and exclusive ec onomic zone appertaining respectively to
Nicaragua and Colombia, in accordance with equitable principles and relevant
circumstances recognized by general international law as applicable to such a
delimitation of a single maritime boundary”.

Nicaragua further indicates that it “reserves th e right to claim compensation for elements of
unjust enrichment consequent upon Colombian possession of the Islands of San Andres and
Providencia as well as the keys and maritime spaces up to the 82 meridian, in the absence of lawful

title”. It also “reserves the right to claim comp ensation for interference with fishing vessels of
Nicaraguan nationality or vessels licensed by Nicaragua”.

As a basis for the Court’s jurisdiction, Ni caragua invokes Article XXXI of the American

Treaty on Pacific Settlement (officially known as the “Pact of Bogotá”), signed on 30 April 1948,
to which both Nicaragua and Colombia are parties. Nicaragua also refers to the declarations under
Article 36 of the Statute of the Court, by whic h Nicaragua and Colombia accepted the compulsory

jurisdiction of the Court, in 1929 and 1937 respectively.

___________

The full text of Nicaragua’s Application will shortly be available on the Court’s website at
the following address: http://www.icj-cij.org

___________

Information Department:

Mr. Arthur Th. Witteveen, First Secretary of the Court (+ 31 (0)70 302 23 36)

Mrs. Laurence Blairon, Information Officer (+ 31 (0)70 302 23 37)
Email address: [email protected]