Territorial and Maritime Dispute (Nicaragua v. Colombia) - Preliminary Objections - Public hearings to open on Monday 4 June 2007

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. 2006/37
15 November 2006

Territorial and Maritime Dispute
(Nicaragua v. Colombia)

Preliminary Objections

Public hearings to open on Monday 4 June 2007

THE HAGUE, 15 November 2006. The public hearings in the case concerning the

Territorial and Maritime Dispute (Nicaragua v. Colombia) will open on Monday 4June2007
before the International Court of Justice (ICJ), the principal judicial organ of the United Nations.

The detailed schedule for the hearings, which w ill be concerned solely with the preliminary
objections raised by Colombia regarding the jurisd iction of the Court, will be published at a later
date.

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,
SanAndres and Santa Catalina and all the appurtenant islands and keys, and also

over the Roncador, Serrana, Serranilla and Qu itasueño keys (in so far as they are
capable of appropriation);

Second , in the light of the determinatio ns concerning title requested above,
the Court is asked further to determine the course of the single maritime boundary

between the areas of continental shelf and 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.”

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 - 2 -

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
28 June 2004 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 July 2003, within the time-limit prescribed in Article 79, paragraph 1, of the Rules of
Court, Colombia submitted preliminary objections to the jurisdiction of the Court. It maintained,

inter alia, that Article XXXI of the Pact of Bogotá did not provide a sufficient basis for the Court to
entertain the case and stated its view that, in an y event, the dispute had already been settled and
was ended.

By an Order of 24September2003 the Court fixed 26January2004 as the time-limit for
Nicaragua to present a written statement on the pr eliminary objections. The written statement was
filed within the time-limit as so fixed.

___________

Website of the Court: http://www.icj-cij.org

Information Department:

Mrs. Laurence Blairon, Secretary of the Court, Head of the Department (+31 70 302 23 36)
Messrs. Boris Heim and Maxime Schouppe, Information Officers (+31 70 302 23 37)

Ms Joanne Moore, Assistant Information Officer (+31 70 302 23 94)
E-mail address: [email protected]