REPUBLlCA DE CHILE
MINISTERIO DE RELACIONES EXTERIORES
APPLICA TION INSTITUTING PROCEEDINGS
To the Registrar ofthe International Court of Justice,
1. 1,the undersigned, duly authorized by the Republic of Chile (hereinafter
"Chile"), ofwhich I am the Agent, have the honor to submit to the International
Court of Justice, pursuant to Article 36 and Artic\e 40 of the Statute, and to
Artic\e 38 of the Rules of Court, an Application instituting proceedings on
behalf of Chile against the Plurinational State of Bolivia (hereinafter "Bolivia")
in the following matter.
L. SUBJECT OF THE DISPUTE
2. The Silala (also referred to as Siloli) River system is an international
watercourse whose surface waters originate at approximately 4,400 meters
aboye sea level in Bolivian territory. Within a few kilometers, itflows overland
and across the border into Chilean territory. The surface flows of the Silala
River emanate from groundwater springs in the Orientales and Cajones Ravines,
which are fed by an aquifer that itself straddles the border between Bolivia and
Chile. Still within Bolivian territory, these waters flow into a common
watercourse, the Silala River, which runs in a south-westerly direction towards
Chile due to the natural inc\ination ofthe terrain.
3. The dispute between the Republic of Chile and the Plurinational State
of Bolivia concerns Bolivia's contention that the Silala River system is not a
transboundary watercourse and therefore Bolivia is entitled to the use of 100%
of its waters. The nature of the Silala River as an international watercourse was
never disputed until Bolivia, for the first time in 1999, claimed its waters as
exclusively Bolivian.
4. As elaborated in the present Application, Chile requests that the Court
adjudge and declare that the Silala River system is in fact and in law an
international watercourse whose use by Chile and Bolivia is governed by
customary international law. The pl'ecise dec\arations sought are as stated in
Section V below.
ll. JURISOICTION OF THE COURT
5. The Court has jurisdiction over the present dispute in accordance with
the provisions of Article 36 of its Statute, by virtue of the operation of ArticIe
XXXI ofthe American Treaty on Pacific Settlement, the "Pact ofBogota", of 30
1
April 1948 ,which reads as follows:
1American Treaty on Pacific Settlement ("Pact 01Bogotá"), 30 April 1948, UNTS
VolumeNumber30, availableat: REPUBLlCA DE CHILE
MINISTERIO DE RELACIONES EXTERIORES
"In conformity with Article 36, paragraph 2, of the Statute of
the International Court of Justice, the High Contracting Parties
declare that they recognize in relation to any other American
State, the jurisdiction of the Court as compulsory ipso Jacto,
without the necessity of any special agreement so long as the
present Treaty in force, in aH disputes of a juridical nature
that arise among them concerning:
(a) The interpretation of a treaty;
(b) Any question of internationallaw;
(e) The existence of any fact which, if established, would
constitute the breach international obligation;
(d) The nature or extent of the reparation to be made fOl"the
breachof an international obligation."
6. Both Bolivia and Chile are parties to the Pact of Bogota. Chile ratified
2
the Pact ofBogotá on 21 August•1967 Bolivia did so on 14 April 2011, with a
reservation to Article VI in as it considers that "pacific procedures may
also be applied to controversies arising from matters settled by arrangement
between theParties, when the said arrangement affects vital interests of a
State,,3. Bolivia withdrew this reservationil 2013•No pertinent
reservation made either Party is in force at the present date.
7. Chile has always been willing to engage in discussions with Bolivia
concerning a regimeutilization of the waters of the Silala. Chile and Bolivia
have engagedn such discussions through a series of bilateral meetings between
the years 2004 and 2010. Ultimately, these discussions terminated without
result, due to Bolivia's insistenceying that the Silala River is an
international watercourse and Bolivia's contention that to the 100%
use of its waters.
ilttps:lltreaties.un.orgJdoc/l'ublicatio/nUNTS/Volume%203O/volume3-0-[-449-
~ngli~b&cjf ().nnex
2Republic of Chíle, Decree No. 526, 21 August 1967, published on 6 September
1967,availableal:!l!!n.s;cile.cItNsvegllr?idNonl1a='I,0051í3(Annex 2).
3Plurinationat0'Bolivia, Note OE.A-SG-l9lJune 2011 attoching lhe
lnstrumentofRatitieation of the"PactofSogo ta", dated 14April 20II (Anne 3.1). 'fhe
Lns:ulllentof Ratifwasdeposíled wilhthe SeéretaryGeneral ofthe OEAon 9 June
2011. On 10 lune 2011, Clúle submilted an objeetion lo Bolivia's ¡'eservalion aud
declared thai it preeludes the entry inlo forceof lhe Pacl of BogOlábetwecn the Republie
of ChUeand the Plurinatio01Bolivia, BvailableaL: hltn:/íwww.as .Qrgldil/esp/a-
42 objecion chile 06-1S-201I.pdf(Annex 3.2).
•1Pllu'inational luleofl3ollvia, Note MPB-OEA-ND-039-13, 8 April2013, attaehing
the lnstrumenl of Withelrawalof Resel'vationlo lhe received on 10a
April 2013 availBhl:atp/w aww..oJrgg¿odJ¡¡~ ~{0.2¡0..t%f..:º..9:P:
lJJ;LC!f(Annex3.3).
2 REPUBLlCA DE CHILE
MINISTERIO DE RELACIONES EXTERIORES
8. On 27 March 2014, Chile sent a diplomatic note repeating its continued
interest and willingnesto proceed with technical projects and mutual
5
collaboration the Silala River systBolivia responded by insisting once
more on its exclusive sovereign rights over this common water resourcé .
9. On 23 March 2016, President Evo Morales of Bolivia c1aimed (again)
that theilala River is not an international watercourse and announced his
intention to bring an international claim against Chile for the unlawful use ofthe
7
waters of the SilalIn the circumstances, Chile has elected to initiate the
current c1aim in order to resolve the issue ofthe status ofthe Silala River.
lll. STATEMENTOF F ACTS
10. The Silala River rises from groundwater sprinO~ientaheandes
Cajones Ravines, located at approximately 4,400 meters altitude in Bolivia and
at a few kilometers north-easte Chile-Bolivia international boundary. The
Silala Rivet·crosses the Chile-Bolivia international boundary at a point about 4
kilometerssouth-eastof the Inacaliri Hill, at coordinat22°00'34"S-
68°01'37"W (PSAD56) and at approximately 4,278 meters altitude. The flow
of the Silala River on entering Chilean territory is about 160 l/s. On Chilean
ten'itory, the river receives additional waters from various springs, including
thosein the Inacaliri and Negra Ravines, before it reaches the Inacaliri River.
The total length the Silala River is about 8.5 kilometers . Of this distance,
approximately3.8 kilometers are located on Bolivian territory and 4.7
kilometers on Chilean territory.
11. The waters of the Silala River have historically and for more than a
century been used in Chile for different purposes, including the provision of
water supply to the city of Antofagasta and the towns of Sierra Gorda and
Baquedano. The waters have also been used for industrial purposes by The
Antofagasta (Chili) and Bolivia Railway Company Ltd. (also known as
Ferrocarril de Antofagaa Boliviahenceforth the "FCAB") and by various
mining companies, including the State-owned Corporación Nacional del Cobre
("CODELCO").
5NoteW 96/72 from the Ministryof ForeignAffairs of Chile to the Ministryof
ForeignAffairsofthe PlurinationalStateofBolivia, 2(Annex 4).4
6NoteW VRE-DGLFAIT-UAIT-Cs-13/2014fromtheMinistryofForeign Affairs
ofthe PlurinationalStateofBolivia to the GeneralConsulateofChile inBolivia,10April
2014(Annex 5).
7Ptensa Palac"Presidente MorainstrueS/I!dial/emotiwjurídicas para
defonder aguasdelSilala", La paz -Dolivia23 March 2016, available al:
hlp:/lw. ww~.cdencia.g. lcJ.nlJ/tD.?c{ld;=¡( j.ex86.]). See alLa
Noción"Evo Momles anullcqlleacudirá aInstancias interl/acionales por aguas del
Sitala", La paz Bolivia, 23 March 2016, ovailable at:
http://www.u:iunehalli~/mll. QglJdo'jQJ1r1l!-lnlun-gc-: uJar-lI.=
inS!Jcias-illlcrnnciúl1ae;If216-O;J2¡IJ759.hlll1l(Auncx (6.2).
3 REPUBLlCA DE CHILE
MINISTERIO DE RELACIONES EXTERIORES
12. An early cartographic representation of the Silala River appears on the
Mapa de las Cordilleras of 1884, by Alejandro Bertrand commissioned by
Chiles.It shows the "Río Cajón" (Cajón River, the name used at the time for the
Silala River) on Bolivian territory, crossing into territory administrated by Chile
as established under the 1884 Truce Pact between the Parties, and connecting
with the "Río S. Pedro" (the continuation ofthe Inacaliri River).
13. The Mapa Geográfico y Corográfico of the Republic of Bolivia of
1890, by Justo Leigue Moreno, Sargent of the Republic of Bolivia, also shows a
watercourse identified as "Cajón" on Bolivian territory, connecting with the
"Río S. Pedro" on territory administrated by Chile, again as established under
9
the 1884 Truce Pact •
14. Both States have recognized the Silala River as an international
watercourse that naturally flows from Bolivia into Chile in numerous
documents. These inc1udethe 1904 Treaty of Peace and Friendship and related
documents, and water rights concessions granted by the two governments in
1906 (Chile) and in 1908 (Bolivia) to the FCAB.
15. On 20 October 1904, Chile and Bolivia signed the Treaty of Peace and
Friendship (mentioned above) that established the definitive international
boundary between both StateslO• On that occasion, the signatory States adopted
a map, also signed on 20 October 1904 by Chilean Minister of Foreign Affairs
MI'.Emilio Bello Codesido and the Bolivian Ambassador in Chile MI'.Alberto
Gutiérrez. This map depicts the "Río Silala" crossing the boundary between
Bolivia and Chile, between point 15 (Cerro Sitala) and point 16 (Cerro
11
Inacaliri) ofthat boundary, in the year 1904 •
16. On 23 March 1906, Julio Knaudt and Luis Riso Patrón, the Bolivian and
Chilean Directors ofthe respective Boundary Commissions, defined the location
of the iron pyramids that would demarcate the boundary, including one located
"At the Silala River" (En el río Silala)12.The existence of the Silala River was
also confirmed by the Bolivian Boundary Commission presided over by
Bolivian engineer Quintín Aramayo Ortíz, during the demarcation expedition
13
carried out between 28 May and 28 July 1906 •
8Mapade las Cordillerasby Alejandro Bertrand, 1884 (Annex 7).
9Mapa Geográfico yCorográficoby Justo Leigue Moreno, 1890 (Annex 8).
10Treaty ofPeace and Friendship entered into by Bolivia and Chile, 20 October 1904
and published in the Official Gazette W 8169 of27 March 1905 (Annex 9.1).
11Map appended to the Treaty of Peace and Friendship, 20 October 1904 (Annex
9.2).
12 Minutes signed by Julio Knaudt and Luis Riso Patrón, 23 March 1906, in:
Antecedentes Limites Chile-Bolivia, p. 2 (Annex 10.1).
13 Report signed by Quintín Aramayo Ortíz, 14 August 1906, in: Antecedentes
Limites Chile-Bolivia,p. 14-18 (Annex 10.2).
4 REPUBLlCA DE CHILE
MINISTERIO DE RELACIONES EXTERIORES
17. On 31 July 1906, Chile granted a concession to the FCAB with respect
to the use ofthe waters ofthe Silala River on Chilean territory, for an indefinite
period of time and for the purpose of increasing the flow of water serving the
l4
Antofagasta port •
18. On 28 October 1908, Bolivia also granted a concession to FCAB, with
respect to the waters of the Silala River on Bolivian territorylS. FCAB had
requested use of the waters for the operation of its steam engines and permission
to construct an intake and canalization works on Bolivian territory l6.
19. In 1942, the Chile-Bolivia Mixed Boundary Commission (henceforth
"Mixed Boundary Commission") was constituted under the Protocol on the
Conservation of Boundary Markers (Protocolo sobre Conservación de Hitos
Fronterizos) 17. The Mixed Boundary Commission has confirmed on multiple
occasions the existence ofthe Silala River on both sides ofthe boundary.
20. On 7 May 1996, Bolivia issued an official Press Release, responding to
certain allegations in the Bolivian press that waters from the Silala River had
been artificially diverted to Chile. In the Press Release, Bolivia rejected such
allegations and confirmed that the Silala is a river that originates on Bolivian
territory and flows into Chilean territory, Bolivia being the upstream riparian
and Chile the downstream riparian. However, Bolivia did give credence to the
claim that the waters of the Silala River had been used for over a century by
Chile without any benefit to Bolivia, and it announced that it would put this
1
issue on the bilateral agenda 8.
2l. Shortly thereafter, on 31 May 1996, Bolivian Ambassador Teodosio
Imaña Castro, Chair of the National Sovereignty and Boundary Commission of
the Bolivian Ministry of Foreign Affairs, confirmed that the Silala River
naturally flows from Bolivia to Chile, following a consistentIy down-hill
l9
course •
22. The referenced documents demonstrate that from the end of the
nineteenth century until at least 1996, Bolivia considered the Silala to be an
international watercourse. Only in 1997 did it begin to change its position
towards a claim that the Silala is a spring whose waters are situated exclusively
on Bolivian territory and for whose use Chile must payo
14Deed of Concession by the State of Chile of the waters of the Siloli (W 1892) to
The Antofagasta (Chili) and Bolivia Railway Company Limited, 31 July 1906 (Annex
11).
15 Deed of Bolivian Concession of the waters of the Siloli (W 48) to The
Antofagasta (Chili) and Bolivia Railway Company Limited, 28 October 1908 (Annex 12).
16¡bid., p. 2.
17Protocol on the Conservation ofBoundary Markers, 10 August 1942 (Annex 13).
18Press Release from the Ministry ofForeign Affairs ofBolivia, 7 May 1996, in: El
Diario, La Paz-Bolivia (Annex 14).
19Interview with Bolivian Ambassador Teodosio Imaña Castro, 31 May 1996, in:
Presencia, La Paz-Bolivia (Annex 15).
5 REPUBLlCA DE CHILE
MINISTERIO DE RELACIONES EXTERIORES
23. Indeed, on 14 May 1997, Bolivia "reversed and annulled" FCAB's 1908
concession for the use of the waters, c\aiming the disappearance of its object
and purpose due to the withdrawal of steam locomotives and the legal
inexistence of the company. In this Administrative Resolution, Bolivia refers to
20
the waters of Silala as "springs" and avoids referring to the Silala as a river •
24. During the year 1999, Chile sent several diplomatic notes to Bolivia in
which it expressed its concern that declarations by Bolivian authorities
concerning the waters of Silala, as well as a call for tenders for the use of those
waters, did not properly consider the international nature of the Silala River
21
system and Chile's rights of utilization •In response, Bolivia affirmed the
exclusively Bolivian nature of the waters and denied that the Silala is an
22
international watercourse •
25. On 25 April 2000, Bolivia granted the use of the waters of the Silala to
the private Bolivian company DUCTEC S.R.L. for the duration of forty years.
The concession authorized the commercialization or exportation of the waters
for industrial use and human consumption, presumably to Chile, since the
concession explicitly excluded their use for potable water and sewerage services
in Bolivia without an additional public utility concession, as well as for mining
3
activities by third parties on Bolivian territorl • In May 2000, DUCTEC
attempted to invoice CODELCO and FCAB for their use of the waters of the
Silala, ignoring the existing rights of both companies to the use of those waters
on Chilean territory.
26. Chile formally objected to the concession of the waters to DUCTEC on
the ground that it disregarded the international nature of the Silala River and
Chile's right to the utilization of its waters4•
20 Adroinistrative Resolution No. 71/97 by the Prefecture of the Department of
Potosí-Bolivia, 14May 1997(Annex 16).
2\ Note N° 474/71 froro the General Consulate oí"Chile in La Paz-Bolivia to the
Ministry 01"Foreign Affairs and Worship oi"the Republic of Bolivia, 20 May 1999
(Annex 17); Note W 017550 troro the Ministry of Foreign Affairs of the Republie of
Chile to the Ministry of Foreign Atl"airsand Worship of the Republie of Bolivia, 15
Septerober 1999 (Annex 18); Note W 1084/151troro the General Consulate of Chile in
La Paz-Boliviato the Ministry01"ForeignAffairsand Worshipofthe RepublieofBolivia,
140ctober 1999(Annex 19); Note N° 022314 trom the MinistryofForeign Afi"airsofthe
Republie of Chile to the Ministry of Foreign Affairs and Worship of the Republie of
Bolivia,3 Deeerober1999(Annex 20).
22 Note W GMl-656/99 troro the Ministry of Foreign Affairs and Worship of the
Republic of Bolivia to the General Consulate of Chile, 3 Septerober 1999 (Annex 21);
Note W GMI-815/99 froro the Ministry of Foreign Affairs and Worship of the Republie
of Bolivia to the Ministry of ForeignAffairsof the Republic of Chile, 16 Noverober1999
(Annex 22).
23 Coneession Contraet for the Use and Exploitation of the Springs of the Silala
between the Bolivian Superintendentof Basie Sanitation and DUCTEC S.R.L., 25 April
2000 (Annex 23).
24Note W 006738 frorothe Ministryof ForeignAffairs of the Republie of Chile to
the Ministry of Foreign Affairs and Worship of the Republie of Bolivia, 27 April 2000
(Annex 24).
6 REPUBLlCA DE CHILE
MINISTERIO DE RELACIONES EXTERIORES
27. Following this exchange of diplomatic notes, Bolivia and Chile set up a
technical commission and agreed to collaborate in the compilation of
information on the Silala area and the elaboration of cartography. This joint
effort inc1udedan aerial photogrammetric flight in November 2001.
28. On 26 February 2002, the Bolivian Ministry of Foreign Affairs publicly
denied the existence of any kind of bilateral negotiations related to the waters of
Silala. Itcontended that the waters of Silala do not flow naturally to Chile and
exc\usively pertain to Bolivia. It announced as possible courses of action, the
interruption of the flow of the waters to Chile or the initiation of international
25
proceedings before an ad hoc tribunal 01'this Court •
29. Chile rejected Bolivia's qualification of the Silala River as an
exc1usively Bolivian watercourse. It also rejected any measures that could
hinder the flow ofthe waters ofthe Silala River into Chilean territorl 6•
30. In 2004, Bolivia and Chile set up a Working Group whose purpose was
to continue studying the question of the Silala and to provide elements for a
common understanding on the watercourse. In 2006, the question of the Silala
was also inc1udedas one of the points on a bilateral agenda established between
the two States.
31. No progress was made until 2008 when Bolivia accepted to retake the
joint technical work as the basis for a possible preliminary agreement. Meetings
were held until 2009, in which the Working Group made sorne progress towards
defining a regime of utilization and protection of the waters of the Silala,
inc\uding the carrying out of joint technical studies of the Silala hydrological
system.
32. In July 2010, at a meeting concerning the points ofthe bilateral agenda,
Bolivia carne back to its original position of a 100% ownership of the Silala
waters and introduced the idea that Chile must pay compensation for its century
long utilization of the waters of the Silala (characterized by Bolivia as Chile's
"historie debt"), as part of any agreement concerning the Silala. This position is
directly contrary to Bolivia's long-held characterization of the Silala as an
international river.It is not in accordance with customary international law, and
itis unacceptable to Chile.
33. In October 2010, the Working Group met one more time. On this
occasion, Bolivia insisted on its proposal to incorporate Chile's "historie debt"
as part of a regime of utilization of the waters of the Silala, which was again
rejected by Chile. Bolivia's intransigence on this matter rendered fruitIess the
25Cornmunication N° 143 from the General Consulate ofChile in Bolivia attaching a
Press Release from the Ministry of Foreign Affairs of Bolivi26 February 2002 (Annex
25).
26 Press Release from the Ministry of Foreign Affairs of Chile, 4 March 2002
(Annex 26).
7 REPUBLlCA DE CHILE
MINISTERIO DE RELACIONES EXTERIORES
carrying out of joint technical studies of the Silala hydrological system and the
meetings ofthe Working Group were terminated without any result.
34. On 7 May 2012, Chile requested information on several projects in the
Silala area that had been announced by the Governor of the Department of
Potosi, including the construction of a fish farm, a dam and a mineral water
bottling plant, in order to ensure preservation of its rights as a riparian State to
27
the utilizatiofthe Silala waters •Bolivia did not respond to Chile's request.
35. Chile repeated its request for information on 9 October 2012•On 25
October 2012, Bolivia responded by again denying that the Silala is an
international river, and reaffirmed its full sovereign rights over the use and
exploitation of its water•A further exchange of diplomatic notes followed, in
which Bolivia did not change its position.
36. As far as Chile has been able to establish, Bolivia has indeed
constructed a fish pond, a military post and houses adjacent to the Silala River.
These projects may have adverse effects on the quality and quantity of the
waters of the Silala River system. Yet Chile has been informed neither of the
plans for these measures nor of any measures taken by Bolivia to prevent and
control any resulting pollution ofthe waters ofthe Silala River.
37. On 23 March 2016, on the occasion ofBolivia's annual Day ofthe Sea,
the country's President Evo Morales announced Bolivia's intention to defend
the waters of the Silala before the competent international organs. President
Morales stated that: "Every day, Chile makes an ilIegal and cunning use of that
natural resource without compensating even a cent. This abusive and arbitrary
behavior that undermines our heritage cannot continue.,,30 Two days later,
President Morales accused Chile of "stealing waters from the department of
Potosí" and announced Bolivia's decision to present a claim before the
31
International Court of Justic.
27 Note N° 199/39 from the General Consulate of Chile in La Paz-Bolivia to the
MinistryofForeign Affairs ofthe PlurinationalStateofBolivia, 7 May2012 (Annex 27).
28 Note N° 389/149 trom the General Consula01Chile in La Paz-Bolivia to the
Ministry ofForeign Affairs ofthe PlurinationalState ofBolivia, 9 Oetober2012 (Annex
28).
29Note W VRE-DGRB-UAM-020663/2012from the Ministryoí'Foreign Affairsof
the Plurinational State of Bolivia to the General Consulate of Chile, 25 Oetober 2012
(Annex 29).
30PrensaPalacío, "Presidente Morales instruye estudiar alternativas jurldicas para
defender aguas del Sila/a",La Paz-Bolivia, 23 Mareh 2016, available at:
http://www.presidcncia.goh.bo/tllcntolnolp?c0d=4185 (Annex 6.1). See also La
Nación,"Evo Morales ammcia qlle aCI/dir(1instancias internacionales por aguas del
Silala", La Paz-Bolivia, 23 Mareh 2016, available at:
!!!!/W'!fW[auaei91e.l/notieias/mundo/bQl¡vialevo-mora[es¡-que-acudira-a:
jnstaueia~:l[l~1I!¡ic l6-Ql:23llJ.Q:.1tm-!AIn:ex\62).20
JIPáginaSiete Digital, "Bolivia demandaráa Chile por el Silala en La Haya", La
Paz Bolivia, 26 Mareh 2016, available at:
http://www.PMinªªilllºf.r.l·11;!lL_Q!3/~ºLQ.ºlbrj-ª.:c;Lemª[lºªrª~gbLl~.:sjJg,'-ª.::hªy-ª:
91113.html(Annex 6.3).
8 REPUBLlCA DE CHILE
MINISTERIO DE RELACIONES EXTERIORES
38.0n 29 March 2016, President Morales made a site visit to the Silala
River, together with the Minister of Foreign Affairs, Mr. David Choquehuanca,
the Vice-Minister ofForeign Affairs, Mr. Juan Carlos Alurralde and the General
State Attorney, Mr. Héctor Arce, among other high authorities. On this
occasion, President Morales made c1ear that "the Chilean authorities are Iying
when they call this [the Silala]an international river" and again c1aimed its
waters as exclusivelyólivian 3•
39. Thus, Bolivia continues to deny and to limit Chile's rights as riparían
State to the utilization of international watercourses shared by the two countries
(as it has done with a second river, the Lauca River, whose waters are partly
used by Chile for irrigation purpose).
40. The communications between Chile and Bolivia since 1999 in relation
to the watersof Silala, and in particular the recent actions and declarations by
Bolivia, demonstrate that there exists a dispute between both States concerning
the legal natureof the Silala River as an international watercourse and Chile's
right to the utilization of its waters in accordance with customary international
law. As to this dispute, both States hold opposite and irreconcilable views.
41. Under these circumstances, Chile has decided to request the COUlt'S
judgment on its legal dispute with Bolivia concerning the nature of the Silala
River system as an international watercourse and Chile's rights as a riparian
State.
IV. LEGAL GROUNDS
42. The utilization of international watercourses is governed by customary
international law. The principIes of customary international law on the non
navigational usesof international watercourses are evidenced by the Convention
on (he Law oi the Non-Navigational Uses oi International Watercourses
("UNWC"), signed in New York on 21 May 1997 and entered into force on 17
August 2014 3\ by the case law ofthis Court and other courts and tribunals, and
by state practice.
32 Carniri.net, "Evo muestra al mundo que aguas del Si/ala son de Bolivia", 29
March 2016, available http://www.camiri.n (e.neL 2.)~·22817
33 The issue conceming the Lauca River tirst arose in the late 1930s. It centered on
Chile's use of its waters for irrigation in the Azapa Valley which ultimately led to a break
in Bolívian-Chilean diplomatic relations in 1962.
3~ COJ7ventlof0/1 'he LlIw o/ rhe Non-Navigalional U'es o/ {"[Ilmallonal
WOe (/'colll'New York 21 Muy1997. UN Doo A/RI:iS/5lf22 9(1997) available at:
!l.lIp:lllcgltl.llll.org/ilcltexlslíllstrolwcnlÍ()nslJ 1997.1d (AUlle. 30).
9 REPUBlICA DE CHILE
MINISTERIO DE RELACIONES EXTERIORES
1.The Definition 01an 1nternational Watercourse under Customary
1nternatíonal Law
43. Under general international law, a watercourse which crosses two or
more States is considered as an "intemational watercourse". Article 2 of the
UNWC reflects customary internationallaw, establishing that:
"(a) "Watercourse" means a system of surface waters and
groundwaters constituting by virtue of their physical
relationship a unitary whole and normally flowing into a
common terminus;
(b) "International watercourse" means a watercourse, parts
ofwhich are situated in different states";
44. There can be no doubt that the Silala River is an international
watercourse under customary internationallaw. The Silala river basin shows an
uninterrupted and steady gradient of approximately 4.3% on average, from its
origins in Bolivia until it reaches the Chilean Inacaliri River. Its headwaters are
located in the Bolivian Cajones and Orientales Ravines, at approximately 4,360
and 4,421 meters aboye sea level, respectively. The Silala River crosses the
international boundary into Chilean territory at approximately 4,278 meters
aboye sea level. At various stretchesin Bolivia and Chile its waters run through
ravines that were carved out over the course of thousands of years, c1ear
evidence that the Silala is a river and not the product ofrecent canalization.
45. Bolivia has, during at least93 years, consistently recognized the nature
of the Silala as an international watercourse. It has accepted the cartographic
representation of the Silala as a river on a number of occasions, including the
official and signed Map appended to the 1904 Treaty of Peace and Friendship.
Bolivia cannot now deny the fact that the Silala is an international river by
referring to it as springs ("manantiales01'"vertientes"). Moreover, the fact that
the waters forming the Silala River emerge on the surface through a spring in no
way prevents them from forming an international watercourse.
2. The PrincipIe 01 Equitable and Reasonable Utilization
46. The principie of equitable and reasonable utilization of international
watercourses is customary international law. As the Court has recognized, this
principie has its basis in the community of interest of all riparian States in the
use of a shared watercourse35•
47. Chile maintains that the application of the customary international law
on the non-navigational uses of international watercourses supports Chile's past
and present utilization of the waters of the Silala River, flowing through the
international boundary, as equitable and reasonable.
35 GabCíkovo-Nagymaros Project (HungaryISlovakia), Judgment, 1.C.J. Reports
/997,p.7,atp. 56,para.85.
10 REPUBLlCA DE CHILE
MINISTERIO DE RELACIONES EXTERIORES
3. Other Obligations 01Bolivia under Customary lnternational Law
48. Under customary international law, Bolivia is under an obligation to
cooperate and prevent transboundary harm to the utilization of the waters of the
Silala River system in Chile. Bolivia must also notify and inform Chile of
planned measures which may have adverse effect upon Chile's utilization of
those waters. This notification shalI be accompanied by available technical data
and information, including the results of any environmental impact assessment,
in order to enable Chile to evaluate their possible effects.
49. Bolivia has violated these obligations by refusing to honor Chile's
request for information on the construction of a fish pond and other projects in
the year 2012. It has also failed to inform Chile about the construction of a
military post and housing that may result in effects on the Silala River that
adversely impact Chile. Nor is there any evidence that Bolivia has given due
consideration to the environmental impact of these instaIlations and their
potential effecton the waters ofthe Silala River that flow towards Chile.
V. DECISION REQUESTED
50. Based on the foregoing statement of facts and law, and reserving the
right to modify the folIowing requests, Chile requests the Court to adjudge and
declare that:
(a) The Silala River system, together with the subterranean portions of its
system, is an intemational watercourse, the use ofwhich is governed by
customary intemationallaw;
(b) Chile is entitled to the equitable and reasonable use ofthe waters ofthe
Silala River system in accordance with customary international law;
(e) Under the standard of equitable and reasonable utilization, Chile is
entitled to its current use ofthe waters ofthe Silala River;
(d) Bolivia has an obligation to take alI appropriate measures to prevent
and control pollution and other forms of harm to Chile resulting from
its activities the vicinity ofthe Silala River;
(e) Bolivia has an obligation to cooperate and to provide Chile with timely
notificationof planned measures which may have an adverse effect on
shared water resources, to exchange data and information and to
conduct where appropriate an environmental impact assessment, in
order to enable Chile to evaluate the possible effects of such planned
measures, obligations that Bolivia has breached.
51. Chile reserves the rightto supplement, modify or amplify the present
Application in the course ofthe proceedings.
52. Chile also reserves its right to request the Court to indicate provisional
measures, should Bolivia engage in any conduct that may have an adverse effect
on Chile's current utilizationfthe waters ofthe SiJalaRiver.
11 MINISTERIO DE RELACIONES EXTERIORES
53. Chile will exercise the right conferred by Artic1e31 ofthe Statute ofthe
Court to choose a person to sit as Judge ad hac. 1twill inform the Court of its
decisionue course.
54. The undersigned has been designated by the Government of Chile to act
as Agent for the purpIis requested that allngs.
communications re1atingto this casey of the Republic of
Chile in the Netherlands, Mauritskade 51, 2514 HG, The Hague, the
Netherlands.
Respectfully submitted,
The Hague, 6 June 2016.
1 "
f~' ~ lJ l~
Ximena Fuentes T.
Agentthe Republic ofChile
12
Application instituting proceedings