Construction of a Road in Costa Rica along the San Juan River (Nicaragua v. Costa Rica) Certain Activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) - Conclusion of the pub

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. 2013/32
8 November 2013

Construction of a Road in Costa Rica along the San Juan River

(Nicaragua v. Costa Rica)

Certain Activities carried out by Nicaragua in the Border Area
(Costa Rica v. Nicaragua)

Conclusion of the public hearings on the Request for the indication of provisional
measures submitted by Nicaragua on 11 October 2013

THE HAGUE, 8 November 2013. Today, the International Court of Justice concluded the

public hearings on the Request for the indication of provisional measures submitted to it by the
Republic of Nicaragua on 11 October 2013 in the case concerning the Construction of a Road in
Costa Rica along the San Juan River (Nicaragua v. Costa Rica), which has been joined with the
case concerning Certain Activities carried out by Nicaragua in the Border Area (Costa Rica v.
Nicaragua). The Court will now begin its deliberation.

Two rounds of oral observations on the Request were held from Tuesday 5 to Friday
8 November 2013 at the Peace Palace in The Hague, seat of the Court. During the hearings, the
delegation of Nicaragua was led by H.E. Mr. Carlos José Argüello Gómez, Ambassador of the
Republic of Nicaragua to the Kingdom of the Netherlands, as Agent and Counsel. The delegation
of Costa Rica was led by H.E. Mr. Edgar Ugalde Álvarez, Ambassador of the Republic of

Costa Rica to the Organization of American States, as Agent.

The Court’s decision on the Request for the indication of provisional measures submitted by
Nicaragua on 11 October 2013 will be delivered at a public sitting, the date of which will be
announced in due course.

Requests of the Parties

At the end of the second round of oral observations, the Parties presented the following
submissions to the Court:

For Nicaragua:

“In accordance with Article 60 of the Rules of the Court and having regard to
the request for the Indication of Provisional Measures filed by the Republic of
Nicaragua and its oral pleadings, Nicaragua respectfully requests the Court, as a
matter of urgency to prevent further prejudice to Nicaragua’s rights and damage to the - 2 -

River, and to avoid aggravation of the dispute, to order the following provisional
measures:

(1) that Costa Rica immediately and unconditionally provide Nicaragua with the
Environmental Impact Assessment Study and all technical reports and assessments
on the measures necessary to mitigate significant environmental harm to the
Río San Juan,

(2) that Costa Rica immediately take the following emergency measures:

(a) Reduce the rate and frequency of road fill failure slumps and landslides where
the road crosses the steeper hill slopes, especially in locations where failed or
eroded soil materials have been or could potentially be delivered to the
Río San Juan;

(b) Eliminate or significantly reduce the risk of future erosion and sediment
delivery at all stream crossings along Route 1856;

(c) Immediately reduce road surface erosion and sediment delivery by improving
dispersion of concentrated road runoff and increasing the number and
frequency of road drainage structures; and

(d) Control surface erosion and resultant sediment delivery from bare soil areas
that were exposed during clearing, grubbing and construction activities in the
last several years.

(3) that Costa Rica not renew any construction activities on the road while the Court is
seised of the present case.”

*

For Costa Rica:

“In accordance with Article 60 of the Rules of Court and having regard to the
Request for the indication of provisional measures of the Republic of Nicaragua and
its oral pleadings, the Republic of Costa Rica submits that,

for the reasons explained during these hearings and any other reasons the Court
might deem appropriate, the Republic of Costa Rica asks the Court to dismiss the

Request for provisional measures filed by the Republic of Nicaragua.”

*

The verbatim records of the hearings held from 5 to 8 November 2013 are available on the
Court’s website (www.icj-cij.org).

* - 3 -

It is recalled that, on 17 April 2013, the proceedings in the case concerning Construction of a
Road in Costa Rica along the San Juan River (Nicaragua v. Costa Rica) and in the case concerning

Certain Activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) were
joined by the Court “in conformity with the principle of the sound administration of justice and
with the need for judicial economy”.

___________

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)