Territorial and Maritime dispute (Nicaragua v. Colombia) - Fixing of the time-limit for the filing by Nicaragua of a written statement on the preliminary objections to jurisdiction raised by Colombia

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. 2003/32
29 September 2003

Territorial and Maritime Dispute
(Nicaragua v. Colombia)

Fixing of the time-limit for the filing by Nicaragua of a written statement

on the preliminary objections to jurisdiction raised by Colombia

THE HAGUE, 29 September 2003. The Interna tional Court of Justic e (ICJ) has fixed a
time-limit for the filing by Nicaragua of a written statement of its observations and submissions on

the preliminary objections to jurisdiction raised by Colombia in the case concerning the Territorial
and Maritime Dispute (Nicaragua v. Colombia).

Colombia presented its preliminary objections on 21 July 2003. Pursuant to paragraph 5 of
Article 79 of the Rules of Court, the proceedings on the merits were then suspended.

By an Order of 24 September 2003 the Court fixed 26 January 2004 as the time-limit for the
filing of Nicaragua’s written statement on the pre liminary objections. The subsequent procedure
was reserved for further decision.

History of the proceedings

On 6December2001 Nicaragua instituted pro ceedings against Colombia with regard to
“legal issues subsisting” between the two St ates “concerning title to territory and maritime
delimitation” in the western Caribbean.

In its Application, Nicaragua requested the Court to adjudge and declare:

“First , that . . . Nicaragua has sovereignty over the islands of Providencia, San
Andres and Santa Catalina and a ll the appurtenant islands a nd keys, and also over the
Roncador, Serrana, Serranilla a nd Quitasueño keys (in so far as they are capable of
appropriation);

Second , in the light of the determinations concerning title requested above, the
Court is asked further to determine th e course of the single maritime boundary
between the areas of continental shelf a nd exclusive economic 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.” - 2 -

Nicaragua further indicated that it “reserve[d ] the right to claim compensation for elements
of unjust enrichment consequent upon Colombia n 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 “reserve[d] the right to claim co mpensation for interference with fishing vessels of
Nicaraguan nationality or vessels licensed by Nicaragua”.

As a basis for the Court’s jurisdiction, Nicaragua invoked inter alia ArticleXXXI of the
American Treaty on Pacific Settlement (“Pact of Bogotá”), signed on 30 April 1948, to which both
Nicaragua and Colombia are Parties.

By an Order of 26 February 2002 the Court, taking into account the views expressed by the
Parties, fixed 28April2003 as the time-limit for the filing of a Memorial by Nicaragua and
28June2004 as the time-limit for the filing of a Counter-Memorial by Colombia. The Memorial
was filed within the time-limit thus fixed. On 21 Ju ly 2003, within the time-limit set in Article 79,

paragraph 1, of the Rules of Court, Colombia filed preliminary objections to jurisdiction.

___________

The full text of the Court’s Order 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 (+31 (0)70 302 23 36)
Mrs. Laurence Blairon and Mr. Boris Heim, Information Officers (+31 (0)70 302 23 37)
E-mail address: [email protected]