Public international law Essay Example | Topics and Well Written Essays - 1500 words

Public international law - Essay Example Part 1: Background on the Dispute In 1858, Costa Rica and Nicaragua ratified a Treaty of Limits granting Nicaragua sovereign jurisdiction over a 140 km stretch of the San Juan River, and Costa Rica sovereign rights over its right bank, as well as certain ,navigational rights, "con objetos de comercio."2 An 1888 arbitral award rendered by United States President Grover Cleveland affirmed the Treaty's continuing validity3 and upheld Costa Rica's right to navigate the river with revenue service vessels, but not war vessels.3. In 1916, the Central American Court of Justice held that Nicaragua breached the 1858 Treaty by signing the Chamorro-Bryan Treaty of 1914, granting the United States "exclusive proprietary rights" for the construction and maintenance of an inter-oceanic canal through the river. Excluding a 1956 Agreement on river traffic and protection of the border, no events of significance to the treaty regime occurred for almost seventy years. Starting in the 1980s, Costa Rica p rotested Nicaragua's introduction of new restrictions on navigation, while Nicaragua alleged Costa Rica was exceeding its right of free navigation under the 1858 Treaty. Tensions mounted. On September 29, 2005, Costa Rica instituted proceedings against Nicaragua at the ICJ claiming that Nicaragua was in breach of its obligations under the 1858 Treaty. Nicaragua raised no objections to the Court's jurisdiction. Costa Rica sought an order declaring Nicaragua in breach, and requiring Nicaragua to cease unlawful conduct, make reparation, and give assurances of non-repetition. Nicaragua denied breaching any obligations, asserted that any obligations allegedly breached did not derive from any international law rule, and sought a number of rulings on its power to regulate Costa Rica's navigational rights. Part 2: Summary of the Judgment The July 13, 2009 Judgment provides concrete guidance on the extent of Costa Rica's right to free navigation, defines the scope of Nicaragua's power to reg ulate Costa Rica's right, and identifies a customary right of Costa Rican riparians to engage in subsistence fishing. Specifically, the Court held that Costa Rica has a treaty right to free navigation "for the purposes of commerce," including the transport of passengers and tourists, and that Nicaragua cannot impose visa or tourist card requirements on passengers of Costa Rican vessels. Also, the Court concluded that Costa Rican riparians have the right to navigate between their communities to meet everyday essential needs, as do Costa Rican official vessels used solely to provide essential services to riparian communities. Costa Rica does not have the right, however, to navigate with vessels carrying out police functions, to exchange police border post personnel, or to resupply posts. The Court ruled that Nicaragua has the right to require Costa Rican vessels to stop at the first and last Nicaraguan posts on their route; require river travelers to carry an identity document; issue, but not charge for, departure certificates; impose navigation timetables; and require vessels to display the Nicaraguan flag. Part 3: The Judgement 1. On 29 September 2005 the Republic of Costa Rica filed in the Registry of the Court an Application of the same date,