Maritime Delimitation between Nicaragua and Honduras in the Caribbean Sea (Nicaragua v. Honduras) - The Court fixes time-limits for the filing of written pleadings

Document Number
120-20000323-PRE-01-00-EN
Document Type
Number (Press Release, Order, etc)
2000/10
Date of the Document
Document File

INTERNATIONAL COURT OF JUSTICE

Peace Palace, 2517 KJ The HagueTel.(31·7 23 23)0Cables: Intercourt, The Hague.
Telefax(31~70- 99624). Telex 32323. Internet address: http: Il www.icj-cij.org

Communiqué
unofficial
for immediate release

No. 2000/10
23 March 2000

Maritime Delimitation between Nicaragua and Hondintbe Caribbean Sea
(Nicaragua. Honduras)

The Court in:es time-limits for the iding of written pleadings

THE HAGUE, 23 March 2000. The International Court of Justice (ICJ) has fixed

time-limits for the filingritten pleadings in the case conceming Maritime Delimitation
between Nicaragua and Honduras in the Caribbean Sea (Nicaràgua v. Honduras).

By an Order dated 21 March 2000, the Court decided that Nicaragua would file a Memorial
by 21 March 2001 and that Honduras would file a Counter-Memorial by 21 March 2002.

The Court fixed the time-limits taking into account the agreement of the Parties.

Background information

On 8 December 1999 Nicaragua filed an Application instituting proceedings against

Honduras in respect of a dispute conceming the delimitation of the maritime zones appertaining to
each ofthose States in the Caribbean Sea.

In its Application, Nicaragua states inter alia that it has for decades "maintained the position
thatitsmaritime Caribbean border with Honduras bas not been determined", while Honduras'
position is said to be that "there in fact exists a delimitation line that runs straight easterly on the
parallelf latitude from the point fixed in [an Arbitral Award of 23 December 1906 made by the
King of Spain conceming the land boundary between Nicaragua and Honduras, which was found
valid and binding by the International Court of Justice on 18 November 1960] on the mouth of the
•• Coco river". According to Nicaragua, "the position adopted by Honduras ... has brought repeated
confrontations and mutual capture of vessels of both nations in and around the general border
area". Nicaragua further states that "diplomatie negotiations have failed".

Nicaragua therefore requests the Court "to determine the course of the single maritime
boundary between areas of territorial sea, continental shelf and exclusive economie zone
appertaining respectitoNicaragua and Honduras, in accordance with equitable principles and
relevant circumstances recognized by general international law as applicable to such a delimitation
of a single maritime boundary".

Accordingto Nicaragua, this request for the determination of a single maritime boundary is
subject to the power of thetooestablish different delimitations, for shelf rights and fisheries
respectively, if ... this course should be necessary in order to achieve an equitable solution".

Nicaraguafurtheindicates that it "reserves the right to claim compensation for interference

with fishing vessels of Nicaraguan nationality or vessels licensed by Nicaragua, found to the north
of the parallel of latitude 14° 59' 08" claimed by Honduras to be the course of the delimitation - 2 -

line". It also reserves "the right to claim compensation for any natural resources that may have
been extracted or may be extractedn the future to the south of the line of delimitatiowillbe
flXedby the Judgrnent of the Court''.

As a basis for the Court's jurisdiction, Nicaragua invokes Article XXXI of the American
Treaty on Pacifie Settlement (officially known as the "Pact ofBogotâ"), signed on 30 Aprill948,
to which, it states, both Nicaragua and Honduras are parties, as weil as the declarations under
Article 36, paragraph 2,of the Statute of the Court, by which both States have accepted the

compulsory jurisdictionof the Court.

Procedure

Contentious proceedings before the Court consist of two parts: written and oral. During the
first phase, written pleadings are exchanged. The applicant State files a Memorial to which the
respondent State replies in a Counter-Memorial. The Court may further authorize a Reply by the
Applicant and a Rejoinder by the Respondent. Upon the closure of the written phase, public
sittings are organized. The Court then delivers its Judgment.

The written pleadings remain confidential during the written phase of the proceedings.
They are made accessible to the public only on or after the openinghe oral proceedings, subject
to a decision to that effect by the Court after consulting the Parties.

The full text of the Court's Order will shortly be available on the Court's website at the
following address: http://www.icj-clj.org

Information Department:
Mr. Arthur Witteveen, First Secretary (+ 31 70 302 23 36)
Mrs. Laurence Blairon, Information Officer (+1 70 302 23 37)
E-mail address: [email protected]

Document file FR
Document Long Title

Maritime Delimitation between Nicaragua and Honduras in the Caribbean Sea (Nicaragua v. Honduras) - The Court fixes time-limits for the filing of written pleadings

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