This is not the inaugural time that arbitration has occurred to resolve disputes between the two countries. Their boundary was arbitrated by the United States during the nineteenth hundred, and in 2010, Costa Rica initiated proceedings against Nicaragua at the ICJ following the administration of a nicaraguan military camp in Isla Portillos. The Court ruled in 2015 that the presence of the camp violated rib Rican sovereignty .
Nicaragua withdrew its troops from Isla Portillos in accord with the 2015 Judgment but constructed a new camp within the area in the following months. Costa Rica filed new proceedings in January 2017 and argued that the Court had already ruled that Costa Rica held reign over the area .
In 2014, Costa Rica initiated a case against Nicaragua concerning the nautical boundary following abortive bilateral talks and the nicaraguan allotment of disputed nautical quad to respective petroleum companies. The Court decided to join the proceedings of the Isla Portillos and maritime disputes, which led to this Judgment.
The Isla Portillos quarrel stems from conflicting interpretations of a nineteenth century bound treaty and arbitration. The features described in the treaty have disappeared due to coastal recession, which prompted the Court to redefine the limit in the absence of these historic features. They ultimately allocated Isla Portillos to Costa Rica and Harbor Head Lagoon to Nicaragua .
Map depicting the boundary along Isla Portillos. Source: ICJ Judgment.
The Court delimited a single limit along the territorial sea, single economic zone ( EEZ ), and continental ledge using the principle of equidistance .
For the Caribbean nautical boundary, rigid equidistance was modified by the Court to give the Corn Islands ( Nicaragua ) half-effect. The Court besides addressed respective other issues concerning this limit, including a frequently changing coastline and the overlapping entitlements of third States .
The Caribbean maritime boundary delimited by the Court. Source: ICJ Judgment.
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corrosion along the mouth of the San Juan River frequently alters the determine of the Caribbean coastline. Taking this into history, the Court established a fluid starting bespeak of the maritime boundary that lies wherever the mouth of the San Juan River is presently located, and a sterilize distributor point two nautical miles out to sea .
This approach is alike to the Court ’ s treatment of other cases involving volatile coastlines. In Honduras v. Nicaragua, the Court established the starting-point of the maritime boundary at a distance of three nautical miles inshore from the mouthpiece of the Coco River due to the imbalance of the coastline in that sphere .
The Court treaded conservatively regarding overlapping entitlements of third base States in the Caribbean. Colombia and Panama have both delimited boundaries in the relevant nautical area in this shell. The Judgment emphasizes that the establishment of the maritime limit is without bias to any overlapping claims or entitlements of third States, as the maritime distance of third States can not be identified in the proceedings of the case .
The Judgment ’ s effect on one-third States remains to be seen, however it will probable have significant shock on future maritime boundary negotiations in the Caribbean, particularly if Colombia and Panama impale extra claims in the area .
The Pacific nautical limit is more square than that of the Caribbean. Half-effect was given to the Santa Elena Peninsula ( Costa Rica ) to obtain a more equitable division of the relevant nautical outer space.
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Map of the Pacific maritime boundary. Source: ICJ Judgment.
Both States have hailed the proceedings as a victory in politics imperativeness releases. The sagacity will likely have a significant effect on Costa Rican–Nicaraguan relations and nautical boundary negotiations in the Caribbean Sea involving other States .
The wide textbook of the Judgment can be accessed here .