Dispute regarding Navigational and Related Rights (Costa Rica v. Nicaragua) - The Court will hold public hearings from Monday 2 to Thursday 12 March 2009

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

2009/10 No.

Dispute regarding Navigational and Related Rights
(Costa Rica v. Nicaragua)

The Court will hold public hearings from Monday 2 to Thursday 12 March 2009

THE HAGUE, 5 February 2009. The Interna tional Court of Justice (ICJ), the principal
judicial organ of the United Nations, will hold public hearings in the case concerning the Dispute
regarding Navigational and Related Rights (Costa Rica v. Nicaragua) from Monday 2 to Thursday
12 March 2009, at the Peace Palace in The Hague, seat of the Court.

Schedule for the hearings

⎯ First round of oral argument

Monday 2 March 2009 10 a.m.-1 p.m.: Costa Rica

Tuesday 3 March 2009 10 a.m.-1 p.m.: Costa Rica

Thursday 5 March 2009 10 a.m.-1 p.m.: Nicaragua

Friday 6 March 2009 10 a.m.-1 p.m.: Nicaragua

⎯ Second round of oral argument

Monday 9 March 2009 10 a.m.-1 p.m.: Costa Rica

Thursday 12 March 2009 10 a.m.-1 p.m.: Nicaragua

History of the proceedings

On 29 September 2005, Costa Rica filed an Application instituting proceedings against
Nicaragua in a dispute concerning navigational a nd related rights of Costa Rica on the San Juan
River.

In its application, Costa Rica sought “the cessation of [the] Nicaraguan conduct which

prevents the free and full exercise and enjoymen t of the rights that Costa Rica possesses on the
SanJuan River, and which also prevents Costa Rica from fulfilling its responsibilities” under
certain agreements between itself and Nicaragua. Costa Rica requested the Court to determine the
reparation which must be made by Nicaragua. Costa Rica contended that “Nicaragua hasparticular since the late 90s ⎯ imposed a number of restrictions on the navigation of Costa Rican

boats and their passengers on the SanJuanRiver”, in violation of “ArticleVI of the Treaty of
Limits [signed in 1858 between CostaRica a nd Nicaragua, which] granted to Nicaragua
sovereignty over the waters of the San Juan River, recognizing at the same time important rights to

Costa Rica”. Costa Rica maintains that those right s were confirmed and interpreted by an arbitral
award issued by the President of the United States of America, Mr.Grover Cleveland, on
28 March 1888, and by a judgment of the Central Am erican Court of Justice of 1916, as well as by

the “Agreement Supplementary to Article IV of the [1949] Pact of Amity, [signed in] Washington,
[on] 9January1956”. Costa Rica further contends that “these restrictions are of a continuing
character”.

As basis of jurisdiction, Co sta Rica invokes the declarations of acceptance of the Court’s
jurisdiction made by the parties under Article36, paragraph2, of its Statute, as well as the
Tovar-Caldera Agreement signed between the Pa rties on 26September2002. Costa Rica also

relies on Article36, paragraph1, of the Statut e of the Court by virtue of the operation of
Article XXXI of the “Pact of Bogotá” of 30 April 1948.

The Memorial of Costa Rica and the Counter-M emorial of Nicaragua were filed within the
time-limits set by the Order of 29 November 2005.

By an Order dated 9 October 2007, the Court authorized the filing of a Reply by Costa Rica

and a Rejoinder by Nicaragua. These submissions were filed within the time-limits thus fixed. The
case is therefore ready for hearing.

___________

The full text of the Application filed by Co sta Rica, as well as the texts of the two Orders

made by the Court in this case are available on the website of the Court (www.icj-cij.org ). It
should be noted that the written pleadings of the Parties (Memorial, Counter-Memorial, Reply and
Rejoinder) remain confidential until the Court decides to render them public, usually at the opening

of the oral proceedings.

*

N OTE TO THE PRESS AND PUBLIC

1. The public hearings will be held in th e Great Hall of Justice of the Peace Palace in

TheHague, the Netherlands. Mobile telephon es and bleepers are permitted in the courtroom
provided they are switched off. Any offending device will be temporarily retained.

2. Media representatives are subject to an accreditation procedure , the details of which
can be found in the Media Advisory attached to this Press Release. The accreditation procedure
will close at midnight on Thursday 26 February 2009. 3. Individual visitors (with the exception of members of the Diplomatic Corps) and groups
are subject to an admission procedure. They are kindly requested to give advance notification of

their attendance by filling out the relevant form on the C ourt’s website (to the right of the screen
under Calendar, click on “Attending a Hearing”, then under “Admission for individuals” or
“Admission for groups”, click on “Online Application Form”). The admission procedure will
close at midnight on Thursday 26 February 2009.

4. Verbatim records of the hearings will be published daily on the Court’s website, with
translations to follow as soon as practicable thereafter.

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Information Department:

Messrs. Boris Heim and Maxime Schouppe, Information Officers (+31 (0)70 302 2337)
Ms Joanne Moore, Associate Information Officer (+31 (0)70 302 2394)

Mrs. Barbara Dalsbaek, Administrative Assistant (+31 (0) 70 302 2396)