Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile) - Conclusion of the public hearings on the Preliminary Objection raised by the Republic of Chile - Court to begin its deliberatio

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. 2015/13
8 May 2015

Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile)

Conclusion of the public hearings on the Preliminary Objection
raised by the Republic of Chile

Court to begin its deliberation

THE HAGUE, 8 May 2015. The public hearings on the preliminary objection raised by the
Republic of Chile in the case concerning the Obligation to Negotiate Access to the Pacific Ocean

(Bolivia v. Chile) were concluded today. The Court will now begin its deliberation.

During the hearings, which opened on Monday 4 May 2015 at the Peace Palace, seat of the
Court, the delegation of the Republic of Chile was led by H.E. Mr. Felipe Bulnes S., former
Minister of Justice and Education of the Republic of Chile, former Ambassador of Chile
to the United States of America, Professor of Civil Law, Pontificia Universidad Católica de
Chile, as Agent. The delegation of the Plurinational State of Bolivia was led by
H.E. Mr. Eduardo Rodríguez Veltzé, former President of Bolivia, former President of the Bolivian
Supreme Court of Justice, former Dean of the Law School from the Catholic University of Bolivia,
La Paz, as Agent.

The Court’s judgment on the preliminary objection will be delivered at a public sitting, the
date of which will be announced in due course.

*

Submissions of the Parties

At the end of the hearings, the Agents of the Parties presented the following submissions to
the Court: - 2 -

For the Republic of Chile:

“The Republic of Chile respectfully requests the Court to adjudge and declare
that the claim brought by Bolivia against Chile is not within the jurisdiction of the
Court.”

For the Plurinational State of Bolivia:

“Bolivia respectfully asks the Court:

(a) to reject the objection to its jurisdiction submitted by Chile;

(b) to adjudge and declare that the claim brought by Bolivia enters within its
jurisdiction.”

___________

Internal judicial practice of the Court with respect to deliberations

Deliberations take place in private in accordance with the following procedure. The Court
first holds a preliminary deliberation, during which the President outlines the issues which, in his
opinion, require discussion and decision by the Court. A full deliberation is subsequently held, at

the end of which a drafting committee is chosen by secret ballot, taking account of the views
expressed. That committee consists in principle of two judges holding the majority view of the
Court, together with the President, unless it appears that his views are in the minority. The
committee prepares a preliminary draft text, which is the subject of written amendments. Two
further drafts are produced in turn, each of which is subject to a detailed reading. In the meantime,
judges who wish to do so may prepare a declaration, a separate opinion or a dissenting opinion,
which are communicated to the other judges. The final vote is taken after adoption of the final text
of the judgment at the second reading.

___________

Note: The Court’s press releases do not constitute official documents. The complete
verbatim records of the hearings held from 4 to 8 May 2015 are published on the website of the
Court (www.icj-cij.org).

___________

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 - 3 -

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
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)