Nicaragua institutes proceedings against Colombia asking the Court to definitively determine the question of the delimitation of the continental shelf between Nicaragua and Colombia in the area beyond

Document Number
17530
Document Type
Number (Press Release, Order, etc)
2013/21
Date of the Document
Document File
Document

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. 2013/21
17 September 2013

Nicaragua institutes proceedings against Colombia asking the Court to “definitively
determine the question of the delimitation of the continental shelf between
Nicaragua and Colombia in the area beyond 200 nautical miles
from the Nicaraguan coast”

THE HAGUE, 17 September 2013. Nicaragua yesterday instituted proceedings against

Colombia with regard to a “dispute [which] concerns the delimitation of the boundaries between,
on the one hand, the continental shelf of Nicaragua beyond the 200-nautical-mile limit from the
baselines from which the breadth of the territorial sea of Nicaragua is measured, and on the other
hand, the continental shelf of Colombia”.

In its Application, Nicaragua requests the Court to determine “[t]he precise course of the
maritime boundary between Nicaragua and Colombia in the areas of the continental shelf which
appertain to each of them beyond the boundaries determined by the Court in its Judgment of
19 November 2012” in the case concerning the Territorial and Maritime Dispute (Nicaragua v.

Colombia). The Applicant also requests the Court to indicate “[t]he principles and rules of
international law that determine the rights and duties of the two States in relation to the area of
overlapping continental shelf claims and the use of its resources, pending the delimitation of the
maritime boundary between them beyond 200 nautical miles from Nicaragua’s coast”.

Nicaragua recalls that “[t]he single maritime boundary between the continental shelf and the
exclusive economic zones of Nicaragua and of Colombia within the 200-nautical-mile limit from
the baselines from which the breadth of the territorial sea of Nicaragua is measured was defined by
the Court in paragraph 251 of its Judgment of 19 November 2012”.

The Applicant further recalls that “[i]n that case [it] had sought a declaration from the Court
describing the course of the boundary of its continental shelf throughout the area of the overlap
between its continental shelf entitlement and that of Colombia” but that “the Court considered that
Nicaragua had not then established that it has a continental margin that extends beyond
200 nautical miles from the baselines from which its territorial sea is measured, and that it was
therefore not then in a position to delimit the continental shelf as requested by Nicaragua”.

Nicaragua contends that its “final information” submitted to the Commission on the Limits
of the Continental Shelf on 24 June 2013 “demonstrates that Nicaragua’s continental margin
extends more than 200 nautical miles from the baselines from which the breadth of the territorial

sea of Nicaragua is measured, and both (i) traverses an area that lies more than 200 nautical miles
from Colombia and also (ii) partly overlaps with an area that lies within 200 nautical miles of
Colombia’s coast”. - 2 -

The Applicant also maintains that the two States “have not agreed upon a maritime boundary
between them in the area beyond 200 nautical miles from the coast of Nicaragua” and that

“Colombia has objected to continental shelf claims [from other States] in that area”.

As the basis for the jurisdiction of the Court, Nicaragua invokes Article XXXI of the
American Treaty on Pacific Settlement (officially known as the “Pact of Bogotá”), signed on
30 April 1948, to which “[b]oth Nicaragua and Colombia are parties”. Nicaragua asserts that it was
“constrained . . . into taking action upon this matter rather sooner than later in the form of the
present application” as, “on 27 November 2012, Colombia gave notice that it denounced as of that

date the Pact of Bogotá”, and as, “in accordance with Article LVI of the Pact, that denunciation
will take effect after one year, so that the Pact remains in force for Colombia until
27 November 2013”.

In addition, Nicaragua also submits that “the subject-matter of the . . . Application remains
within the jurisdiction of the Court established in the case concerning the Territorial and Maritime
Dispute (Nicaragua v. Colombia), . . . in as much as the Court did not in its Judgment dated
19 November 2012 definitively determine the question of the delimitation of the continental shelf

between Nicaragua and Colombia in the area beyond 200 nautical miles from the Nicaraguan coast,
which question was and remains before the Court in that case”.

Nicaragua further indicates that it “reserves the right to amend and/or supplement this
Application and its legal basis”.

___________

The full text of Nicaragua’s Application of 16 September 2013 will shortly be available on
the Court’s website.

___________

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations.
It was established by the United Nations Charter in June 1945 and began its activities in
April 1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands). Of the six
principal organs of the United Nations, it is the only one not located in New York. The Court has a
twofold role: first, to settle, in accordance with international law, legal disputes submitted to it by

States (its judgments have binding force and are without appeal for the parties concerned); and,
second, to give advisory opinions on legal questions referred to it by duly authorized United
Nations organs and agencies of the system. The Court is composed of 15 judges elected for a
nine-year term by the General Assembly and the Security Council of the United Nations.
Independent of the United Nations Secretariat, it is assisted by a Registry, its own international
secretariat, whose activities are both judicial and diplomatic, as well as administrative. The official
languages of the Court are French and English. Also known as the “World Court”, it is the only

court of a universal character with general jurisdiction.

The ICJ, a court open only to States for contentious proceedings, and to certain organs and
institutions of the United Nations system for advisory proceedings, should not be confused with the
other mostly criminal judicial institutions based in The Hague and adjacent areas, such as the
International Criminal Tribunal for the former Yugoslavia (ICTY, an ad hoc court created by the
Security Council), the International Criminal Court (ICC, the first permanent international criminal

court, established by treaty, which does not belong to the United Nations system), the Special
Tribunal for Lebanon (STL, an independent judicial body composed of Lebanese and international - 3 -

judges, which is not a United Nations tribunal and does not form part of the Lebanese judicial
system), or the Permanent Court of Arbitration (PCA, an independent institution which assists in

the establishment of arbitral tribunals and facilitates their work, in accordance with the Hague
Convention of 1899).

___________

Information Department:

Mr. Andrey Poskakukhin, First Secretary of the Court, Head of Department (+31 (0)70 302 2336)
Mr. Boris Heim, Information Officer (+31 (0)70 302 2337)
Ms Joanne Moore, Associate Information Officer (+31 (0)70 302 2394)
Ms Genoveva Madurga, Administrative Assistant (+31 (0)70 302 2396)

Document file FR
Document
Document Long Title

Nicaragua institutes proceedings against Colombia asking the Court to “definitively determine the question of the delimitation of the continental shelf between Nicaragua and Colombia in the area beyond 200 nautical miles from the Nicaraguan coast”

Links