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Español: Mapa mostrando el resultado del fallo de la Corte Internacional de Justicia del 19 de noviembre de sobre el litigio entre. Nicaragua)” y “Frontera Terrestre en la Parte Norte de Isla Portillos la tesis de que Nicaragua había heredado los límites con Colombia. Legal Interpretation by The ICJ in the Territorial and Maritime Dispute between Nicaragua and Colombia. Estud. int. (Santiago, en línea) [online]. , vol


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Territorial and Maritime Dispute (Nicaragua v. Colombia), 2001

The dispute of Nicaragua against Colombia was not the exception, and along these lines in three sections, fallo nicaragua colombia will go through a series of facts that denote it. This document first, goes over the period in which the dispute comes up, demonstrating that the initial discussion focuses on whether the Treaty came to establish a maritime delimitation.

Then, it deals with the political context prior to the complaint of Nicaragua, where it is emphasized that the discussion of the parties was based very little on the law, and therefore goes beyond the maritime boundary. Finally, it highlights briefly the points discussed in the process that within a fallo nicaragua colombia objectivity framework, will discredit many of the arguments behind the parties to claim rights beyond those they really were entitled to.

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Period of the dispute On 22 Marchthe government of Nicaragua issued the Legislative Decree which established a national fishing zone: Treaty with Costa Rica, dated 17 March was signed in Fallo nicaragua colombia Jose in order to delimit the maritime areas in the Caribbean, in a small adjacent portion to the already described with Panama.

It should be noted that this Treaty has never been ratified by Costa Rica.

Treaty with Honduras [7] signed in San Andres 2 August In any case, from the judgments of the International Court of Justice on 8 October and November 19 ofwhich resolved the dispute of Nicaragua against Honduras and Nicaragua against Colombia, it was discredit.

Finally, Treaty with Jamaica on 12 Novemberdefines the boundaries fallo nicaragua colombia Jamaica, in a more complex way than all previous ones, since it establishes an area of common rules for the exploration and exploitation of natural resources. fallo nicaragua colombia

The end fallo nicaragua colombia the struggle had the support of a broad and heterogeneous group of leaders who had been consolidated following the murder of journalist Pedro Joaquin Chamorro a year earlier. Somoza and his dictatorship, not only had left a political chaos in the country, but an unfortunate economic and social situation.

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Assignments were fallo nicaragua colombia and complex and constitute the main challenge in seeking the reconciliation and the fallo nicaragua colombia unity. However, in December Colombia would issue the White Book of Colombia in which would lay out its position on the basis of the principle of inviolability of treaties or pacta sunt servanda.

The national unity that was forged in Nicaragua after the victory of quickly fell into a crisis that consolidated Ortega and the FSLN in the Government, from where other political sectors were excluded.

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These new circumstances accelerated the revolutionary processes in other Central American countries, particularly in El Salvador [13] and Guatemala [14]. The conflict in the isthmus became a geopolitical event that threatened to spread to other Latin American countries generating two different international reactions: By the early nineties, Central America had achieved a precarious stability, since the processes in El Salvador and Guatemala had not been completed.

Nevertheless, the compliance of the democratic agreements in all the countries would help to consolidate it over the time. Meanwhile the Central American conflict lasted and Colombia played fallo nicaragua colombia role of mediator, negotiator, and tester, the issue of the Nicaraguan claim rested quietly in a drawer of fallo nicaragua colombia Foreign Ministry in Managua.

Legitimacy and International Courts - Google Books

Two further attempts of negotiation: According to the version included to the process in the form of Affidavit by the ex Chancellor of Nicaragua Francisco Aguirre Fallo nicaragua colombia [18] who was legally fallo nicaragua colombia by the Colombian Defensein the Colombian Minister would have created spaces of negotiation that were interpreted by his counterpart as a mechanism to avoid that the Managua Government fallo nicaragua colombia the application to the ICJ, and thus gain time to withdraw the unilateral declaration accepting the compulsory jurisdiction of the Court, For the Colombian defense, such allegation was unacceptable.

Key points debated in the process On 6 DecemberNicaragua filed in the registry of the Court an application against Colombia based in a legal dispute regarding the titles of certain territories in the Western Caribbean and the maritime delimitation.

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The Court fixed 28 April as the deadline for the filing of the Memorial of Nicaragua and 28 June as the deadline for the filing of the Counter-Memorial of Colombia. Once the Memorial of the Government of Nicaragua was filed, Colombia presented the Preliminary Objections on 21 Julyas a result, the Court set to Nicaragua the deadline on 26 January for the submission of fallo nicaragua colombia comment on the Preliminary Objections.

Deposited these observations the Court proceeded to hold hearings. Therefore, the limitations contained in article VI of the Pact of Bogota do not apply to the fallo nicaragua colombia of sovereignty over those territories. Similarly, the Court concludes that the Treaty and its Protocol did not carry out a general delimitation of the maritime boundary between Colombia and Nicaragua.

The rejoinders of Nicaragua and Colombia were filed within the fixed time, that is, on 18 September and on 18 June, respectively.

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However, in separate statements issued on 4 Maythe Court denied such fallo nicaragua colombia. In turn, states that the full composition of the Archipelago cannot be established according to the basis of the Treaty.

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It even mentions the practices of third States and that the maps tend to strengthen the position of Colombia. Hence, the Court will not hesitate to point out that Colombia has fallo nicaragua colombia over the maritime features in dispute.