Colombia warned the International Court of Justice on Tuesday of the implications of Nicaragua’s request, Determining the boundaries of the continental shelf beyond 200 nautical miles and within the area of another country.
(can be read: What does Nicaragua intend to litigate over the expanded platform?)
On the second day of oral arguments in a dispute that has been going on for nearly a decade, Colombia’s agent (lead representative), Eduardo Valencia Ospina, points out that the lawsuit in Nicaragua is unprecedented.
(also: Nicaragua case: Who will make up the team to defend Colombia in The Hague?)
“Nicaragua belongs to a small, exclusive club of nations that believe that extended continental shelves can encroach 200 nautical miles on the rights of other nations,” he said. “Nicaragua’s claim is without parallel in the history of judicial dispute resolution,” he said.
For Valencia-Ospina, the Nicaraguan claim “has some of the most troubling global implications, as it would constitute an unfortunate development for the Court in its essential role as guarantor of justice and peace.”
He said that the demarcation plan proposed by Nicaragua “would produce a disorderly pattern of judicial splashes in the Caribbean (…). This alone should be sufficient reason for the dismissal of the entire case by the court,” he said.
Nicaragua belongs to the small, exclusive club of countries that believe that extended continental shelves can encroach on other nations’ 200-nautical-mile rights.
Therefore, Valencia Ospina argued that the consequences of this lawsuit are “extremely disturbing, not only for Colombians but for the region and the world.”
At the end of the day, Foreign Minister Alvaro Leyva told reporters that Colombia rejects the claim that Nicaragua’s continental shelf is defined so that it overlaps with those of other nations in the Caribbean.
“It is clear that there is no precedent, and we will not be the ones who will lend ourselves to something that we must avoid at all costs,” Leva said.
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Colombia’s strong response
“In the vast majority of cases of delimitation of the extended continental shelf, countries respect the exclusive economic zone of third countries,” explained the experts from the Colombian delegation, Leiva.
He added that the post, It endorses Columbia’s thesis on the “lack of customary (unwritten but custom-based legal rules) in this respect”.
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The oral arguments phase began on Monday at the International Court of Justice, the highest judicial authority in the United Nations system, with Nicaragua presenting the arguments.
By a court decision, andAt this point, the parties should confine themselves to discussing whether a Nicaraguan claim can be considered covered by UNCLOS, as a customary rule.
“It was a somewhat technical discussion, which specifically dealt with legal issues,” Carlos Arguello, the Nicaraguan agent (lead representative) in the process, said Monday at the end of the first day of arguments.
He added, “In this session, we are not discussing the merits of the case. The court has limited itself to arguing on two specific technical issues, regarding the application of an article of the Convention on the Law of the Sea and international norms.”
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Nicaraguan lawyers argued that the paragraphs that make up Article 76 of
The United Nations Convention on the Law of the Sea provides legal cover for the claim.
Article 76 of that agreement specifically focuses on Definition of the continental shelf. In the written part of this process, Colombia did indeed argue that Nicaragua’s claim was unfounded and insisted that it had full right to the maritime area claimed by Nicaragua.
On Wednesday, Nicaragua will present a response to Colombia’s proposals, and on Friday it will be the turn of the Colombian questions.
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