REQUEST FOR THE INDICATION OF PROVISIONAL MEASURES SUBMITTED BY
THE REPUBLIC OF COSTA RICA
A. INTRODUCTION
1. I have the honour to refer to the Application submitted to the Court on 18 November
2010 by which proceedings were instituted on behalf of the Republic of Costa Rica (Costa Rica)
against the Republic of Nicaragua (Nicaragua).
2. This Request is prompted by the ongoing occupation and construction of a canal on Costa
Rican territory by Nicaragua and the related dredging activities affecting that territory and its
ecology. Costa Rica respectfully files this Request for Provisional Measures in accordance with
Article 41 of the Statute of the Court and Articles 73, 74 and 75 of the Rules of the Court.
B. JURISDICTION OF THE COURT
3. As set forth in the Application, the Court has jurisdiction over the present dispute
pursuant to Article XXXI of the American Treaty on Pacific Settlement of Disputes, Bogota, 30
April 1948 (the Pact of Bogota) and in accordance with the declarations of acceptance of the
Court's compulsory jurisdiction pursuant to Article 36(2) of the Statute of the Court made
respectively by the Republic of Costa Rica on 20 February 1973 and by Nicaragua on 24
September 1929 (as modified 23 October 2001).
C. THE FACTS RELEVANT TO TIDS REQUEST
4. The Court is acquainted with the background of this dispute; and the specific facts are set
out in Costa Rica's Application instituting proceedings18November 2010.
5. For the purposes of the present Application for Provisional Measures, it should be
recalled that Nicaraguan Army troops have entered and continue to illegally occupy Costa Rican
territory, simultaneously and in connection with certain dredging activities on the San Juan
River. As a consequence, Nicaragua is currently destroying an area of primary rainforests and
fragile wetlands on Costa Rican territory (listed as such under the Ramsar Convention's List of
1 11
International Court of Justice in its Judgment of 13 July 2009 and in the first and second
Alexander Awards,12 dated 30 September 1897 and 20 December 1897 respectively.
12. By entering Costa Rican territory in two separate incidents, sending in contingents of its
armed forces, going on to establish military camps and beginning the digging of a canal on that
territory, Nicaragua is not only acting in outright breach of the established boundary regime
between the two States, but also of the core founding princip les of the United Nations, namely
the principles of territorial integrity and the prohibition of the threat or use of force against any
State in accordance with Article 2(4) of the Charter; also endorsed as between the parties in
Articles 1, 19 and 29 of the Charter of the Organization of American States.
(2) Costa Rica's right corresponding to Nicaragua's obligation not to dredge the
San Juan if this affects or damages Costa Rica's lands, its environmentally
protected areas and the integrity and flow of the Colorado River
13. The dredging of the River San Juan by Nicaragua was commenced pursuant to an order
of President Ortega of 18 October 2010. The damaging effect of the dredging work breaches
Costa Rica's sovereign rights pursuant to the 1858 Treaty of Limits, as authoritatively interpreted
in the Cleveland Award and reaffirmed in 2009 by this Court. Costa Rica has a right,
corresponding to Nicaragua's obligation not to undertake works of improvement, including from
within its own territory that would "result in the occupation, flooding or damage of Costa Rica
territory, or in the destruction or serious impairment of the navigation of the said River [San Juan
River] or any of its branches".13 By commencing dredging in this way, Nicaragua is in breach,
10
Award of the Arbitrator, the President of the United States, upon the validity of the Treaty of Limits of
1858 between Nicaragua and Costa Rica, reprinted in Papers relating to the Foreign Relations of the United States
transmitted to Congress, Part l, December 1888 (Washington D.C.: Government Printing Office, 1889) (Cleveland
Award) (Attachment 2 to the Applicationof Costa Rica, 18November 2010).
Il Cleveland Award, p. 458.
12 First and second Alexander Awards, reprinted in H. LaFontaine, Pasicrisie Internationale 1794-1900:
Histoire Documentaire des Arbitrages Internationaux (1902, repr. 1997, Martinus Nijhoff, The Hague), pp. 529-
533: (Attachments 3 and 4 to the Application of Costa Rica, 18November 2010).
13 Cleveland Award, para. 6:
"The Republic of Costa Rica cannot prevent the Republic of Nicaragua from executing at her own expense
and within her own territory such works of improvement, provided such works of improvement do not
result in the occupation or flooding or damage of Costa Rica territory, or in the destruction or serious
impairrnent of the navigation of the said River or any of its branches at any point where Costa Rica is
entitled to navigate the same. The Republic of Costa Rica has the right to demand indemnification for any
places belonging to her on the right bank of the River San Juan which may be occupied without her
4 1
Wetlands of International Importance) for the purpose of facilitating the construction of a canal
through Costa Rican territory, intended to deviate the waters of the San Juan River from its
natural historical course into Laguna los Portillos (the Harbor Head Lagoon).
6. Nicaraguan officiaIs have indicated that the intention of Nicaragua is to deviate sorne
1,700 cubic meters per second (cumecs) of the water that currently is carried by the Costa Rican
Colorado River? Despite Costa Rica's regular protests and calls on Nicaragua not to dredge the
San Juan River until it can be established that the dredging operation will not damage the
Colorado River or other Costa Rican territory,3 Nicaragua has nonetheless continued with its
dredging activities on the San Juan River and even announced on 8 November 2010 that it would
deploy two additional dredges to the San Juan River. The National Port Company (EPN) is to
4
provide one of the new dredges while the other is reportedly still under construction. All of
these statements by Nicaragua demonstrate the likelihood of damage to Costa Rica's Colorado
River, and to Costa Rica's lagoons, rivers, herbaceous swamps and woodlands. The dredging
operation poses a threat to wildlife refuges in Laguna Maquenque, Barra deI Colorado, Corredor
Fronterizo and the Tortuguero National Park.
7. Prompted by the gravity of the situation, on 12 November 2010, the Permanent Council
of the OAS issued a Resolution, passed by a vote of 22 votes to two, calling for the adoption of
the Secretary General's recommendations and in particular, calling for the withdrawal of
Nicaraguan armed forces from the border region, by requesting the avoidance of the presence of
military or security forces in the area where their existence might rouse tension, in order to
5
create a favourable climate for dialogue between the two nations.
The Ramsar List ofWetlands ofIntemational Importance, available at:
http://www.ramsar.org/cda/enlramsar-documents-listlmain/ramsarl1-31-218
4000 0
2 Public statement of the Manager of the National Port Authority on 25 August 2009, protested in the
Diplomatic Note sent by Bruno Stagno Ugarte, Minister of Foreign Affairs and Worship, Costa Rica to Samuel
Santos L6pez, Minister of Foreign Affairs, Nicaragua, 27 August 2009 (Attachment PMI to the present Request).
3 Ibid.
'Nicaragua Sends Two More Dredges to the Rio San Juan', Tico Times, 8 November 2010, available at:
http://www.ticotimes.netINews/Daily-News/Nicaragua-Sends-Two-More-Dredge
s-to-the-Rio-San-Juan Monday
November-08-2010 (Attachment PM2).
5 Copy of Resolution of the Organization of American States, 12 November 2010, available as a Press
Release at:
http://www.oas.org/en/media center/press release.asp?sCodigo=E-16 (see Attachment 7 to the Application of
Costa Rica, 18November 2010).
28. Nicaragua's immediate response to the Resolution of the Permanent Council of the OAS
was to state their intention not to comply with the Resolution. 6
9. Nicaragua has consistently refused aIl requests to remove its armed forces from the Costa
Rican territory in Isla Portillos. It furthermore continues to increase the rate and volume of the
dredging, and thus the damage caused to Costa Rican territory and the threat to intemationally
protected wetlands and primary forests. Nicaragua continues to construct the canal across Costa
Rican territory, no doubt with the intent of imposing afait accompli situation on Costa Rica. AlI
efforts to resolve the dispute by diplomatic negotiations have failed.
D. THE RIGHTS COSTA RICA IS SEEKING TO PROTECT
10. The object of provisional measures pursuant to Article 41 of the Court's Statute is to
preserve the respective rights of the parties pending the Court's decision on the merits (see e.g.,
Armed Activities on the territory of the Congo (Democratie Republic of the Congo v.Uganda,
Provisional Measures, Order of 1 July 2000, LC.J. Reports 2001, p. 111, 127, para. 39). Costa
Rica's rights which are subject of the dispute and ofthis request for provisional measures are its
right to sovereignty, to territorial integrity and to non-interference with its rights over the San
Juan River, its lands, its environmentaIly protected areas, as weIl as the integrity and flow of the
Colorado River.
(1) Costa Rica's rights to sovereignty, territorial integrity and non-occupation
Il. In the present case, the sovereign rights which are subject of the dispute are set out in the
Charter of the United Nations and the Charter of the Organization of American States,8 in the
Treaty of Territorial Limits between Costa Rica and Nicaragua of 15 April 1858 (the Treaty of
Limits),9 as confirrned and interpreted in the Cleveland Award of 22 March 1888,10 and by the
6 Statement of Denis Ronaldo Moncada, Nicaraguan Ambassador to the Organization of American States, as
reported in 'CalI for troop withdrawal in Nicaragua, Costa Rica dispute', CNN International, 13 November 2010,
available at: http://edition.clln.com/201 O/WORLD/americas/11/12/nicaragua.costa.rica.dispand/ English
translationf a speech given by President Ortega on national Nicaraguan television on 13 November 2010. See
Application of Costa Rica, 18 November 2010, para. 33 and Attachments 8).
7 Charter of the United Nations, San Francisco, 26 June 1945.
Charter of the Organization of American States, Bogotâ, 13 April 1948, 119 UNTS 48.
9 Treaty of Territorial Limits between Costa Rica and Nicaragua, San José, 15 April 1858, U.S. National
Archives, Record Group 76, Record of Boundary and Claims Commission and Arbitration, Costa Rica-Nicaragua
Boundary Arbitration, NC-155, Entry 24 (Attachment 1 to the Application of Costa Rica, 18November 2010).
3in particular, of its obligation not to dredge the San Juan if that activity causes damage to Costa
Rican territory or affects the flow of water, in particular of the Colorado River. The Court in
2009 affirmed this position when rejecting Nicaragua's request for a counter-declaration of its
14
unqualified right to dredge the San Juan River.
14. Furthermore, the felling of trees, the clearing of vegetation, the removal of soi!, and in
particular, the construction of an artificial canal accompanying Nicaragua's dredging activities in
the territory of Costa Rica, including the illegal deposit of sediments on to Costa Rican territory,
breaches Costa Rica's right not to have its territory "flooded or damaged in any other way,,15
under the 1858 Treaty of Limits, as authoritatively affirmed and interpreted in the Cleveland
consent, and for any lands on the same bank which may be flooded or damaged in any other way in
consequence of works of improvement."
14
Case Concerning the Dispute Regarding NavigationaZ and ReZated Rights (Costa Rica v. Nicaragua),
Judgment of 13 JuZy2009, pp. 51-52 (paras. 153 andI55), where the Court stated that:
"153. Nicaragua adds a further submission. It requests the Court 'to make a formaI declaration on the issues
raised by Nicaragua in Section IIof Chapter VII of her Counter-Memorial, [and] in Section l, Chapter VI
ofher Rejoinder'.
The decl,ration requested is the following:
(v) Nicaragua has the right to dredge the San Juan in order to return the flow of water to that
obtaining in 1858 even ifthis affects the flow ofwater to other present day recipients ofthis flow
such as the Colorado River.'
155. As for the fifth point to be addressed in the requested "declaration", on the assumption that it is in the
nature of a counter-claim, Costa Rica has cast doubt on its admissibility, arguing that it is not "directly
connected" with the subject-matter of Costa Rica's claim, within the meaning of Article 80 of the Rules of
Court. The same issue could arise in respect of the third point.
ln any event it suffices for the Court to observe that the two questions thus raised were settled in the
decision made in the Cleveland Award. It was determined in paragraphs 4 to 6 of the third clause of the
Award that Costa Rica is not bound to share in the expenses necessary to improve navigation on the San
Juan river and that Nicaragua may execute such works of improvement as it deems suitable, provided that
such works do not seriously impair navigation on tributaries of the San Juan belonging to Costa Rica.
As Nicaragua has offered no explanation why the Award does not suffice to make clear the Parties' rights
and obligationsin respect ofthese matters, its claim in this regard must be rejected."
15 Cleveland Award, p. 458 (para. 6), stating that,
"The Republic of Costa Rica cannot prevent the Republic of Nicaragua from executing at her own expense
and within her own territory such works of improvement, provided such works of improvement do not
resultin the occupation or flooding or damage of Costa Rica territory, or in the destruction or serious
impairment of the navigation of the said River or any of its branches at any point where Costa Rica is
entitled to navigate the same. The Republic of Costa Rica has the right to demand indemnification for any
places be10nging to her on the right bank of the River San Juan which may be occupied without her
consent, and for any lands on the same bank which may be flooded or damaged in any other way in
consequence ofworks ofimprovement."
5Award, as well as having regard to contemporary standards of international environmental
protection.16
E. URGENCY
15. The present application is of the real urgency. Nicaraguan armed forces continue to be
present on Isla Portillos in breach of Costa Rica's sovereign rights. Nicaragua is continuing to
damage the territory of Costa Rica, posing a serious threat to its internationally protected
wetlands and forests. It also continues dredging activities on the San Juan River, with the risk of
further damaging Costa Rican territory, including the Colorado River.
16. A provisional measure ordering the withdrawal of Nicaraguan forces from Costa Rican
territory is in this case justified so as to prevent the aggravation and/or extension of the dispute.
The ongoing presence of Nicaraguan armed forces on Costa Rica's territory is contributing to a
political situationof extreme hostility and tension. The threat of armed conflict will overshadow
the proceedings before the Court. It will be difficult to conduct proceedings before the Court in a
secure and peaceful manner while parts of the country continue to be occupied by Nicaraguan
troops.
17. The urgency of the present request is underscored by the continued damage being
inflicted on Costa Rica's territory. Moreover, Nicaragua is attempting to unilaterally adjust, to
its own benefit, a River the right bank of which forms a valid, lawful and agreed border.
Nicaragua cannot be permitted to continue to deviate the San Juan River through Costa Rica's
territory in this manner, so as to impose on Costa Rica and the Court a/ait accompli.
18. Nicaragua has refused to withdraw its troops and to cease its damaging actions. There is
a real risk that without a grant of provisional measures, action prejudicial to the rights of Costa
Rica will continue and may significantly alter the factual situation on the ground before the
Court has the opportunity to render its final decision on the questions for determination set out in
the Application. 17
16
See Case Concerning the Gabcikovo-Nagymaros Project (HlingG/y/S/ovakia), LCI. Reports 1997, p. 7, p.
67 (para. 112). See also Iron Rhine Arbitration (Be/gillm/Nether/ands), Award, 24 May 2005, pp. 28-39 (paras 58-
59).
17 Cf., Passage throllgh the Great Belt (Fin/and v. Denmark), Provisional Measures, Order of 29 July 1991,
I.C,J. Reports 1991, p. 12, p. 17 (para. 23); Certain Crimina/ Proceedings in France (Republic of the Congo v.
6 F. THE MEASURES REQUESTED
19. On the basis of the facts and law set forth above and in order to prevent irreparable
prejudice to its sovereign rights under the Charter of the United Nations and the 1858 Treaty of
Limits, as well as with regard to internationally recognized standards of environmental
protection, Costa Rica respectfully requests the Court as a matter of urgency to order the
following provisional measures so as to rectify the presently ongoing breach of Costa Rica's
territorial integrity and to prevent further irreparable harm to Costa Rica's territory, pending its
determinationofthis case on the merits:
(1) the immediate and unconditional withdrawal of ail Nicaraguan troops from
the unlawfully invaded and occupied Costa Rican territories;
(2) the immediate cessation of the construction of a canal across Costa Rican
territory;
(3) the immediate cessation of the felling of trees, removal of vegetation and soil
from Costa Rican territory, including its wetlands and forests;
(4) the immediate cessation of the dumping of sediment in Costa Rican territory;
(5) the suspension of Nicaragua's ongoing dredging programme, aimed at the
occupation, flooding and damage of Costa Rican territory, as weil as at the
serious damage to and impairment of the navigation of the Colorado River,
giving full effect to the Cleveland Award and pending the determination of
the merits of this dispute;
(6) that Nicaragua shall refrain from any other action which might prejudice the
rights of Costa Rica, or which may aggravate or extend the dispute before
the Court.
20. Costa Rica reserves the right to amendthe Request and the measures sought.
France), Provisional Measure, Order of 17 June 2003, l.e.J. Reports 2003, p. 102, p. 107 (para. 22); Pulp Mills on
the River Uruguay (Argentina v. Uruguay), Provisional Measures, Order of 23 January 2007, I.C.J. Reports 2007,
p.3, p. 11, (para. 32).
7Special Advisor to the Ministry of Foreign Affairs and Worship
Co-Agent of the Government of Costa Rica
18November 2010
8List of Attachments
PMl. Diplomatie Note sent by Bruno Stagno Ugarte, Minister of Foreign Affairs
and Worship, Costa Rica to Samuel Santos Lapez, Minister of Foreign
Affairs, Nicaragua, 27 August 2009 (Original Spanish text and English
translation)
PM2. 'Nicaragua Sends Two More Dredges to the Rio San Juan', Tico Times, 8
November 2010, available at: http://www.ticotimes.netINews/Daily
NewslNicaragua-Sends- Two-More-Dredges-to-the-Rio-San-
Juan Monday-November-08-2010
9 AttachmentPMI
Diplomatie Note sent by Bruno Stagno Ugarte
Minister of Foreign Affairs and Worship, Costa Rica
to
Samuel Santos Lôpez
Minister of Foreign Affairs, Nicaragua
27 August 2009 , . t·!
SanJosé2 . 7deagostode2009
DM-637-09
Excelentlsimoenor
SamueS l antosLapez
MinistrodeRelaeioneEsxteriores
RepûblicadeNicaragua
r•".
'0
Excelencia.
MeesgratasaludaraVuestra Excelenciaenocasi6nde referirmealanunciorealizadopor
au[oridadesnicaragüensessobreeldragadodeIRioSanJuan.
Como CostaRicaha expresadocon anterioridad.reconocemosque Nicaraguapuede
realizam~ora en el caucedei rioSanJuana fin de mantenerla navegaci6nsobreéstefluida;
siemprey cuandoeJfono daneelterritorlodeCostaRica.
Sin embargo. han causa do preocupaci6ndeclaracionesatribuldasal Gerentede la
EmpresaPortuariaNacional.senorVirgilioSilv. n eldiarioLaPrensadeNicaraguadeidIa25de
Agostode 2009.segûnlascualesNicaraguapretendedesviar1.700metroscubicosporsegundo
dei caudalque actualmentetieneel rio Coloradocostarricense.Idénticasdeclaraciones a la
AgendaAPseleatrrbuyena Edën Pastorar.esponsable deIproyectode dragado.quienadem.3s
indic6publicamentequeesecaudaldeIrio SanJuan "seperdi6luegodequeCostaRica desvi6el
caudalhaciaelrioColoradodesupropiedadentre1945Y 1950".
,."-..,
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CostaRicahayadesviadohaciaelrioColoradoelcaudaldeirioSanJuan 0 quesehayanrealizado
laboresde dragadoen dicho rIo.la realizaci6nde obrasen el rio SanJuanno puededanarel
territoriocostarricensei.ncluyendola reducci6ndeI nivel de lasaguas de sus rIos.Estoesta
claramenteestablecidoen el articulo3. inciso6 dei LaudoClevelandde 1888.cuyostérminos
fueronratificadospor laCorteInternaciol eJusticiaen surecientesentenciade 13dejulio de
2009.Dichoinciso6.ensuoriginaleninglése .stablece:
"6.TheRepublicof CostaRicacannotprevent theRepublicof Nicaraguatromexecutinga~
herown expenseandwithinherown territorysuchworksof improvement p,rovidedsuçh
worksof improvement do notresultintheoccupationor fioodingor damageof CostaRica
territo.. (elsubrayadonoesdeioriginal).
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que Nicaraguapretendedesviar1.700metrosporsegundodeicaudalque actualmentetieneel
rioColorado.constituyenpruebaincuestionabldequeselequierecausarun danoirreparableal
territoriodeCostaRica.Independientementderuantosmetrosporsegundoseintenten desviar.
cualquierdesviqde aguasque hagala Republica de Nicaraguaen peljuiciodei nivelactualque
tieneelrioColoradoesviolacoritantode 10dispuestoporel LaudoClevelandde 1888.comodei
. DerechoInternacionael ngeneral. DM-637-09
-pagin2-
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CostaRicalepreocupael impactaambientalquelasobrasde dragadodeIrIoSanJuanpuedan
lenerenlaslagunas.rIos.pantanosherbéb.osquesinundados.bosquesen pequenascolinas
y en generalsobrelosnumerososhumedalescostarricsueseencuentranen la zona.Taies
esel casade losrefugiosde vidasilvestreLagunaMaquenque.Barradei Coloradoy Corredor
Frontery deIParqueNacionalTortuguero.MepermitorecordaraVuestraExcequeparsu
diversidadbiol6gica. este ecosistemaha recibido la menci6n de humedal de importancia
internacionl travésdelaConvenci6nRAMSARd.eclaraci6nqueseoficializ6el 20 de marzode
1996y esconocidocomaelHumedalRamsaCr aribenoreste.elcualademasespartedeiCorredor
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deSanJuandeINorte.co-propiedaddeIEstadocostarriceegun10dispuestopar el articula4
deiTratadodeLImitde 1858.
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en elrioSanJuanesgravy nefasto.Fueprecisamepor estamismapreocupaci6nqueCosta
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informaci6n.
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realizaci6nde cualquierabra de dragado.debenreaestudiosde impactaambientalque
determinenque lasobrasno datiaranloshumeda.ioy zonasboscosade CostaRica.ni la
bahlade SanJuandeiNotte.Talesestudiostambiéndebendeterminarqueno habraafectacian
sobreelcaudalactualdeIrioColor0sobrecualquierotroriocostarricense.
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inmediatamentecualquiery todo proyectode dragadodeIrio SanJuan que pudiera tener el
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solicitaa la Republicade Nicaraguaque le proporcioneal Gobiernode CostaRicalosestudios
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especialeIriaColorado.
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~~
BrunoStagnoUgarte
MinistrodeRelaciosxteriors Cuita
<Es< ~cl S:t
~·PJ W0'1
~ Ministry of Foreign Affairs and Worship
San José,27 August 2009
DM-637-9
His Excellency
Samuel Santos L6pez
Minister of Foreign Affairs
Republic of Nicaragua
Excellency,
1am pleased to salute Your Excellency on the occasion of addressing you in relation to the
al1l1ouncementmade by Nicaraguan authorities about the dredging of the San Juan River.
As Costa Rica has expressed in the past, we recognize that Nicaragua can execute works of
improvement to the course of the San Juan River for the purpose of maintaining fluent
navigation in the River, in so far as this does not cause damage to the Costa Rican territory.
Nevertheless, declarations attributed to the Manager of the National Port Authority, Mr
Virgilio Silva, in the newspaper La Prensa de Nicaragua on 25 August 2009, according to
which Nicaragua intends to divert 1,700 cubic metres per second of the flow that the Costa
Rican Colorado River currently has, have been cause for concern. Identical declarations to
the AP Agency have been attributed to EdénPastora, responsible for the dredging project,
who also publicly maintained that the flow of the San Juan River 'was lost after Costa Rica
diverted the flow towards the Colorado River, of its property, between 1945 and 1950'.
As Your Excellency knows, in addition to the fact that historically it is untrue that Costa Rica
has diverted the flow of the San Juan River towards the Colorado River or that dredging
works have been pelformed in said River, the performance ofworks in the San Juan River
cannot damage Costa Rican territory, including the reduction of the flow ofwater in its rivers.
This is clearly established inarticle 3, paragraph 6 ofthe Cleveland Award of 1888, whose
terms were ratified by the International Court of Justice in its recent judgment of 13 July
2009. Said paragraph 6, in its English original version, establishes:
'6. The Republic of Costa Rica can not prevent the Republic of Nicaragua from
executing at her own expense and within her own territory such works of improvement,
provided such works of improvement do not result in the occupation or flooding or
damage of Costa Rica territory' (emphasis added)
It is evident that the public declarations of the mentioned functionaries, who indicate that
Nicaragua intends to divert 1,700 metres per second from the flow that the Colorado River
currently has, constitute unquestionable proof of the intention to cause irreparable damage to
the territory of Costa Rica. Independently of how many metres per second it is intended to
divert, any diversion of waters made by the Republic of Nicaragua to the detriment of the
current level ofthe Colorado River is therefore in breach ofwhat is established both in the
1888 Cleveland Award and internationallaw in general.
Additionally to the announcement of the diversion of the waters of the Colorado River, the
Republic of Costa Rica is preoccupied by the environmental impact that the dredging works
in the San Juan River may cause to the lagoons, rivers, herbaceous swamps, woodlands,
woods in small hills and in general on the multiple Costa Rican wetlands in the area. This is
the case of the wildIife refuges Laguna Maquenque, Barra deI Colorado and Corredor
Fronterizo and the Tortuguero National Park. 1take the liberty to remind Your Excellency
that in view of its biological diversity, this ecosystem has been nominated as a wetland ofinternational importance through the Ramsar Convention, a declaration that became official
on 20 March 1996 and is known as the Ramsar North-East Caribbean Wetland, which is in
addition a part of the Mesoamerican Corridor (SICA-CCAD), forming with the Biological
Reserve Indio Maiz in Nicaragua a bi-national biological corridor. Also, the damage could
reach the Bay of San Juan deI Norte, jointly owned by the Costa Rican State pursuant to
article 4 ofthe Treaty of Limits of 1858.
Consequently, the damage that would occur as a result of dredging works in the San Juan
River is grave and devastating. It was precisely because of this concern that Costa Rica
requested Nicaragua, on 26 January 2006, the respective technical infOlmation about the
dredging works in the San Juan River. Three years on, Nicaragua has not yet sent that
information.
In these circumstances, Costa Rica points out to the Government of Nicaragua that before the
performance of any dredging work, environmental impact assessments must be carried out to
determine that the works will not damage the wetlands, rivers and woodlands of Costa Rica,
nor the Bay of San Juan deI Norte. 'Ihese assessments must also determine that there will be
no impact on the current flow of the Colorado River, or of any other Costa Rican river.
Thus, in the first place, Costa Rica requires that the Republic of Nicaragua immediately stop
any and every dredging project in the San Juan River that could have the effect of causing
damage to the territory of Costa Rica and the Bay of San Juan deI Norte. Similarly, we
request the Republic of Nicaragua to provide the Government of Costa Rica the technical
assessments demonstrating that the dredging works that the Republic of Nicaragua intends to
carry out in the San Juan River do not damage Costa Rican territory, including the Bay of San
Juan deI Norte, nor will they affect the level of the national rivers that are fed by the San Juan
River, especially, the Colorado River.
l beg you to accept, Your Excellency, the assurance of my highest consideration and esteem.
Bruno Stagno Ugarte
Minister of Foreign Affairs and Worship AttachmentPM2
'Nicaragua Sends Two More Dredges to the Rio San Juan'
Tico Times, 8 November 2010
Available at:
http://www.ticotimes.netINews/Daily-News/Nicaragua-Sends-Two-More-Dredge
s-to-the-Rio-SMonday
November-08-20 l0Nicaragua Sends Two More Dredges to the Rio San Juhttp://www.ticotimes.net/layout/set/printINews/Daily- News/Nicarag ...
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ti lIn .net
Nicaragua Sends Two More Dredges to the Rfo San
Juan
Posted: Monday, November 08,2010 - By EFE
EdénPastora announced Monday that the Nicaraguan govemment will deploy two additional dredges to the
Rfo San Juan, which forms the easofthe Nicaragua - Costa Rica border.
The Nicaraguan government will put two more dredges to work on the Rio San Juan despite an open dispute
with Costa Rica, according to EdénPastora, the Sandinista ex-guerilla and overseer of the project.
Pastora, also known as Comandantedeclared over national Nicaraguan radio that the dredging of the
Rio San Juan has experienced "setbacks because of recent problems," referring to Costa Rican claims that
Nicaraguan troops have invaded territory that Costa Rica has claimed as its own.
Costa Rican authorities have demanded that the dredging product be halted because of its alleged negative
effect onan area supposedly belonging to Costa Rica.
will have a duration of two years and that when the work is finished, large ships will be able to navigate the
Rio San Juan.
built in the town of El Viejo, he explained. of the new dredgers and the other is currently being
10fl 17/11/201015:26
Request by Costa Rica for the Indication of Provisional Measures