Dispute regarding Navigational and Related Rights (Costa Rica v. Nicaragua) - Court to deliver its Judgment on Monday 13 July 2009 at 10 a.m.

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. 2009/23
6 July 2009

Dispute regarding Navigational and Related Rights
(Costa Rica v. Nicaragua)

Court to deliver its Judgment on Monday 13 July 2009 at 10 a.m.

THE HAGUE, 6 July 2009. On Monday 13July2009, the International Court of Justice
(ICJ), principal judicial organ of the United Nations, will deliver its Judgment in the case
concerning the Dispute regarding Navigational and Related Rights (Costa Rica v. Nicaragua).

A public sitting will take place at 10 a.m. at the Peace Palace in The Hague, during which the
President of the Court, Judge Hisashi Owada, will read the Court’s Judgment.

A new media accreditation procedure has been established. Media representatives are
invited to give careful attention to the not e below and to Media Advisory 2009/g, which

accompanies this press release.

History of the proceedings

On 29 September 2005, Costa Rica filed an Application instituting proceedings against

Nicaragua in a dispute concerning navigational a nd related rights of Costa Rica on the San Juan
River.

The Memorial of Costa Rica and the Counter-M emorial of Nicaragua were filed within the
time-limits set by the Order of 29 November 2005. By an Order dated 9 October 2007, the Court
authorized the filing of a Reply by Costa Rica and a Rejoinder by Nicaragua. These were filed

within the time-limits thus fixed.

Hearings were held from Monday 2 March to Thursday 12 March 2009 at the Peace Palace,
seat of the Court. At the end of the oral proceedings, the Agents of the Parties presented the
following final submissions to the Court:

For Costa Rica:

“Having regard to the written and oral pleadings and to the evidence submitted
by the Parties, may it please the Court to adjudge and declare that, by its conduct, the
Republic of Nicaragua has violated: - 2 -

(a) the obligation to allow all Costa Rican vessels and their passengers to navigate
freely on the San Juan for purposes of commerce, including communication and

the transportation of passengers and tourism;

(b) the obligation not to impose any charg es or fees on Costa Rican vessels and their
passengers for navigating on the River;

(c) the obligation not to require persons exercising the right of free navigation on the
River to carry passports or obtain Nicaraguan visas;

(d) the obligation not to require Costa Rican vessels and their passengers to stop at
any Nicaraguan post along the River;

(e) the obligation not to impose other impediments on the exercise of the right of free
navigation, including timetables for navigation and conditions relating to flags;

(f) the obligation to allow Co sta Rican vessels and their passengers while engaged in
such navigation to land on any part of the bank where navigation is common
without paying any charges, unless expressly agreed by both Governments;

(g)the obligation to allow Costa Rican official vessels the right to navigate the
San Juan, including for the purposes of re-supply and exchange of personnel of the
border posts along the right bank of the River with their official equipment,

including service arms and ammunition, and for the purposes of protection as
established in the relevant instruments, a nd in particular the Second article of the
Cleveland Award;

(h) the obligation to facilitate and expedite traffic on the San Juan, within the terms of
the Treaty of 15 April 1858 and its interpretation by the Cleveland Award of 1888,
in accordance with Article 1 of the bilateral Agreement of 9 January 1956;

(i) the obligation to permit riparians of the Costa Rican bank to fish in the River for
subsistence purposes.

Further, the Court is requested to ad judge and declare that by reason of the

above violations, Nicaragua is obliged:

(a) immediately to cease all the breaches of obligations which have a continuing
character;

(b) to make reparation to Costa Rica for a ll injuries caused to Costa Rica by the
breaches of Nicaragua’s obligations referred to above, in the form of the
restoration of the situation prior to th e Nicaraguan breaches and compensation in

an amount to be determined in a separate phase of these proceedings; and

(c) to give appropriate assurances and guarant ees that it shall not repeat its unlawful
conduct, in such form as the Court may order.

The Court is requested to reject Nicaragua’s request for a declaration.”

For Nicaragua:

“On the basis of the facts and legal considerations set forth in the
Counter-Memorial, Rejoinder and oral pleadings,

May it please the Court to adjudge and declare that: - 3 -

The requests of CostaRica in her Me morial, Reply and oral pleadings are
rejected in general, and in particular, on the following bases:

(a) either because there is no breach of th e provisions of the Treaty of Limits of
15 April 1858 or any other international obligation of Nicaragua;

(b) or, as appropriate, because the obligation breach of which is alleged, is not an
obligation under the provisions of the Tr eaty of Limits of 15 April 1858 or under
general international law.”

Moreover the Court is also requested to make a formal declaration on the issues
raised by Nicaragua in its Counter-Memoria l and in its Rejoinde r and as reiterated in
the oral proceedings:

“(i) CostaRica is obliged to comply with the regulations for navigation (and

landing) in the SanJuan imposed by Nicaraguan authorities in particular
related to matters of health and security;

(ii) CostaRica has to pay for any speci al services provided by Nicaragua in the

use of the San Juan either for navigation or landing on the Nicaraguan banks;

(iii)CostaRica has to comply w ith all reasonable charges for modern
improvements in the navigation of the river with respect to its situation in

1858;

(iv) revenue service boats may only be u sed during and with special reference to
actual transit of the merchandise authorized by Treaty;

(v) Nicaragua has the right to dredge the San Juan in order to return the flow of
water to that obtaining in 1858 even if this affects the flow of water to other
present day recipients of this flow such as the Colorado River.”

*

N OTE TO THE PRESS AND PUBLIC

1. The public sitting will be held in the Gr eat Hall of Justice of the Peace Palace in
The Hague, Netherlands. Mobile telephones and beepers are permitted in the courtroom provided

they are switched off. Any offending device will be temporarily retained.

2. Media representatives are subject to a new accreditation procedure , the details of
which can be found in the Media Advisory (2009/g) attached to this Press Release.

3. Individual visitors (with the exception of members of the Diplomatic Corps) and groups
are subject to an admission procedure. They are kindly requested to give advance notification of

their attendance by filling out the relevant form on the Court’s website (to the right of the screen
under Calendar, click on “Attending a Hearing”, an d then under “Admission for individuals” or
“Admission for groups”, click on “Online Application Form”). The admission process will close
at midnight on Thursday 9 July 2009. - 4 -

4. At the end of the sitting, a Press Release, a summary of the Judgment and the full text of
the Judgment will be distributed. All of these docum ents will be made available at the same time

on the Court’s website.

___________

Information Department:

Mr. Andrey Poskakukhin, First 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, Associate Information Officer (+31 (0)70 302 2394)
Ms Barbara Dalsbaek, Administrative Assistant (+31 (0) 70 302 2396)