Regarding the most recent ruling of the International Court of Justice (ICJ) in The Hague on the jurisdiction of the sea between Colombia and Nicaraguait is worth reviewing other of the notorious international cases on border treaties that after years of occurring are still pending by a decision of the judicial body.
(Also read: The practical effects of the Hague Court ruling on the Caribbean)
The most recent case is the one between Gabon and Equatorial Guinea, African countries that appeared jointly before the court, in March 2021, to resolve a historical controversy over the sovereignty of the Mbañe, Cocotero and Conga islands, located in the Corisco Bay.
In a commitment signed by both countries, the ICJ is requested “to determine whether the legal titles, treaties and international agreements invoked by the parties are applicable in relations between the Gabonese Republic and the Republic of Equatorial Guinea in what refers to the delimitation of their common maritime and land borders”, in addition to the debate on the sovereignty of the islands.
The Court set May 5 as the deadline for Gabon to submit a counter-memorial on the case.
(Also read: International Court of Justice orders Russia to suspend invasion of Ukraine)
It should be noted that Ukraine appeared before the ICJ on February 26, just two days after the start of the “special military operation” declared by Russia in the country. However, the case, now resolved, did not denounce the Russian Federation led by Vladimir Putin for violating the sovereignty of the territory, but instead dealt with allegations of genocide.
thanks to a fast track After the investigation, the international court responded in less than a month and determined, on March 16, that Russia was obliged to “immediately suspend the military operations started on February 24, 2022 on the territory of Ukraine.”
Lawsuits from Latin American countries
Currently, there are two rulings in process concerning the Latin American region. One of them is the Guatemalan territorial claim over Belizewhich began in June 2019.
Both Central American states held an internal referendum in which they asked their citizens: “Do you agree that any legal claim of Guatemala against Belize related to land and insular territories and any maritime area generated by them be presented to the International Court of Justice for its definitive solution and that this definitively delimits the respective territories and spaces of the parties?”
In April 2018, Guatemala voted yes to the proposal, while the population of Belize accepted in May 2019.
The case remains open, but no matter what the decision is, the parties have agreed to accept it “finally and bindingly.”
Another lawsuit still unresolved is the dispute between Guyana and Venezuela over the arbitral award of October 3, 1899, which set the international borders between both territories. For years, the country led by Nicolás Maduro has categorically rejected this decision, which, according to Guyana, has violated its sovereignty for decades.
(It may interest you: CPI rejects Venezuela’s petition and will continue investigation for crimes)
Guyana’s passive attitude changed when in 2015, Exxon Mobile made a major discovery of hydrocarbon deposits in the disputed area, called Essequibo. That year, according to the BBC, Maduro “demanded that Guyana stop oil exploration in the disputed offshore territory.”
These statements caused so much Guyana and Exxon Mobile will take a defensive posture and decide to sue Venezuela before the CIJ so that the award of 1899 is respected. Even the hydrocarbon company financed with 15 million dollars the defense of Guyana before the Court.
The most recent determination in this controversy occurred in December 2020, when the Hague Court decided, with 12 votes in favor and four against, that it was competent to issue a decision regarding the lawsuit.
Venezuela, as expected, rejected the fact and it is likely that if the ruling benefits Guyana, the Bolivarian Republic will not comply with it, given that the ICJ does not have enforcement powers, so the Essequibo area could continue in dispute indefinitely.
“On Venezuelan maps, the region appears as one more part of the Bolivarian country, although it is sometimes shown as a territory under claim,” confirms information from EFE.
Some cases resolved
Since its creation in 1946, the ICJ has received more than 170 cases, of which several concerning the border debate between countries stand out.
Two of them include two other Latin American countries: Chile and Bolivia. In his first controversy, filed in 2013, Bolivia demanded before the Court that Chile was obliged to negotiate an outlet to the Pacific Ocean due to the offers given by Augusto Pinochet in 1975 through the Charaña Agreement.
(Also read: Chile: the controversial proposal to replace the Senate with the Regional Chamber)
On that occasion, with 12 votes in favor and only three against, Bolivia’s claims were rejected. However, the lawsuit did not end there. In 2016, Chile filed a lawsuit before the ICJ against the Plurinational State due to the alleged misuse of the waters of the Silala water systemwhich borders both countries and which, according to Chile, is international in nature.
This case is still ongoing.
In Asia, one of the most notorious controversies was between China and the Philippines, since the latter filed a unilateral lawsuit, on the China Sea dispute Southern.
In the ruling, the ICJ determined that Beijing has no power over the islands in this area, since its only argument, in which it proffered “historic rights” in the archipelago, was not enough to convince the Court.
DIEGO ANDRES STACEY SALAZAR
INTERNATIONAL WRITING
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