Territorial and Maritime Dispute (Nicaragua v. Colombia) - Fixing of time-limit for the filing of the Counter-Memorial of Colombia

INTERNATIONAL COURT OF JUSTICE

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Website: www.icj-cij.org

Press Release
Unofficial

No. 2008/4
12 February 2008

Territorial and Maritime Dispute
(Nicaragua v. Colombia)

Fixing of time-limit for the filing of the Counter-Memorial of Colombia

THE HAGUE, 12 February 2008. The President of the International Court of Justice (ICJ),
Judge Rosalyn Higgins, has fixed the time-limit for the filing of the Counter-Memorial of
Colombia on the merits in the case concerning Territorial and Maritime Dispute (Nicaragua v.

Colombia).

By an Order of 11February2008, the President fixed 11November2008 as the time-limit
for the filing of the Counter-Memorial of Colombia.

This decision follows the Judgment of 13Dece mber2007, in which the Court found that it

had jurisdiction on the basis of Article XXXI of th e Pact of Bogotá to adjudicate upon the dispute
concerning sovereignty over the maritime features cl aimed by the Parties other than the islands of
SanAndrés, Providencia and Santa Catalina and on the dispute concerning the maritime
delimitation between the Parties.

The time-limit was fixed taking account of the agreement of the Parties. The subsequent
procedure has been reserved for further decision.

History of the proceedings

On 6 December 2001, Nicaragua instituted pr oceedings against Colombia in respect of a

dispute concerning “a group of related legal issu es subsisting” between the two States “concerning
title to territory and maritime delimitation” in the western Caribbean.

As a basis for the Court’s jurisdiction, Nicaragua invoked in its Application Article XXXI of
the American Treaty on Pacific Settlement (“Pact of Bogotá”), signed on 30 April 1948, to which

both Nicaragua and Colombia are parties, as well as the declarations of acceptance of the
compulsory jurisdiction of the Court made by both States (“optional clause”).

By an Order of 26 February 2002 the Court, taking into account the views expressed by the
Parties, fixed 28 April 2003 and 28 June 2004, respectively, as the time-limits for the filing of a

Memorial by Nicaragua and of a Counter-Memorial by Colombia. The Memorial was filed within
the time-limit thus fixed. - 2 -

On 21 July 2003, within the time-limit set by Ar ticle 79, paragraph 1, of the Rules of Court,
Colombia raised preliminary objections to the jurisdiction of the Court. It maintained that

Article XXXI of the Pact of Bogotá did not provid e a sufficient basis for th e Court to entertain the
case and stated its view that, in any event, the dispute had already been settled and was ended.
Colombia added that the Court had no jurisdiction to deal with Nicaragua’s Application under the
declarations of acceptance of the compulsory ju risdiction of the Court made by both States,

contending inter alia that, at the date of the filing of th e Application by Nicaragua, Colombia had
withdrawn its declaration.

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 thus fixed.

Public hearings on the preliminary objections were held between 4 and 8June2007. In its

Judgment of 13December2007, the Court found that the 1928Treaty between Colombia and
Nicaragua had settled the matter of sovereignty ov er the islands of SanAndrés, Providencia and
Santa Catalina, that there was no extant legal dis pute between the Parties on that question, and that
the Court thus could not have jurisdiction over th e question either under the Pact of Bogotá or on

the basis of the optional clause declarations. Th e Court further found that it had jurisdiction, under
Article XXXI of the Pact of Bogotá, to adjudicate upon the dispute concerning sovereignty over the
other maritime features claimed by the Parti es and on the dispute concerning the maritime
delimitation between the Parties.

___________

The full text of the Order will be available shortly on the Court’s website. You are, however,
reminded that written pleadings remain confiden tial until the Court decides to make them
accessible to the public, generally at the opening of the oral proceedings.

___________

Information Department:

Mrs. Laurence Blairon, Secretary of the Court, Head of Department (+31 (0)70 302 2336)

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