The dispute between Costa Rica and Nicaragua

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Costa Rica is a country in Central America bordered by Nicaragua to the north, panama to the east and south, the Pacific Ocean to the west and south and the Caribbean Sea to the east.

The San Juan River has been a source of territorial disputes between Costa Rica and Nicaragua regarding the use of the river by Costa Rica, this dispute goes all the way back to 1858 when the “COSTA RICA-NICARAGUA, TREATY OF TERRITORIAL LIMITS, SAN JOSÉ, 15 APRIL 1858” was signed by both countries. “The boundary between Costa Rica and Nicaragua was originally defined in an 1857 treaty that was reconfirmed in an arbitral award in 1888 handed down by US President Grover Cleveland” , in his word, president Cleveland stated that “The republic of Costa Rica, under said treaty and stipulations contained in the sixth article thereof, has not the right to navigation of the river San Juan with Vessels of War; but she may navigate said river with such vessels of the revenue service as may be related to and connected with her enjoyment of the ‘purposes of commerce’ accorded to her in said article, or as may be necessary to the protection of said enjoyment” . After the award in 1888 more problems began during the demarcation of the territory in 1897 which was delineated by the award of another US arbitrator, Edward Alexander. The territorial dispute started again in 2005 and the ambassador of Costa Rica to the Netherlands made a complaint to the ICJ for dispute relating navigational and related rights , the ICJ’s ruling was not given until July 2009 where the court gave Costa Rica the right to navigate and other rights, in the Court’s judgement, the court concluded that “It follows from the above that Nicaragua has exercised its powers of regulation regardin...

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Bibliography

Books

• Cracknell’s Statutes, Public International Law, 2nd Edition, D.G. CRACKNELL. 2002

• Nutshells, International Law, Rebecca M M Wallace and Anne Holliday, 2nd Edition. 2010.

• Clarendon Law Series, International Law, Vaughan Lowe, 1st Edition. 2007.

• International Law, Malcolm N. Shaw, 6th Edition. 2008

• Principles of Public International Law, Ian Brownlie, 7th Edition. 2008.

Websites

• http://www.icj-cij.org/

• http://www.dur.ac.uk/ibru/news/boundary_news/

• http://www.nytimes.com/

• http://www.nytimes.com/

• http://www.un.org/

• http://www.thetimes.co.uk

• http://www.morlacchilibri.com/universitypress/

Articles

• Article 2 of the U.N Charter

• Article 33 of the U.N Charter

• Article 1, 19, and 29 of the Charter of the OAS

• Article 3 of the Geneva Conventions 1949

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