Costa Rica Presents Its
Arguments in
International Court Over
Navigation Rights of Rio
San Juan
It was on July 14, 1998,
that Nicaragua notified
Costa Rican police that
it could no longer
navigate the Rio San
Juan, the river that is
clearly in Nicaraguan
territory but navigated
by Costa Rica under a
hundred year old
agreement.
Costa Rica, following
failed negotiations with
the Neighbour to the
north, 10 years later
Costa Rica finally filed
an action with the Hague
International Court on
September 29, 2005.
Costa Rica has presented
the court with written
arguments, explaining
the reasons for the
necessity and permission
to navigate the river by
Costa Rican police
officials.
Costa Rica is not making
claim to the river, it
just wants to continue
to patrol an area where
thousands of Nicaraguans
use enter Costa Rica
illegally.
During his most recent
visit to Costa Rica last
November, Nicaraguan
president, Daniel
Ortega, referred to the
case and the court
action filed by Costa
Rica and reiterated that
Nicaragua's position has
not changed.
According to the
Cañas-Jerez Treaty of
1858, reaffirmed in
arbitration by Grover
Cleveland in 1888 and
interpreted by the
Central American Court
of Justice in 1916 (case
Costa Rica vs.
Nicaragua), Nicaragua is
sovereign over the Río
San Juan, and Costa Rica
has the right to
navigate over part of
the river for purposes
of commerce and revenue
cutters. The treaty also
states that no taxes
would be imposed except
those accepted by mutual
agreement.
Historically, the
possibility that the Río
San Juan might become
the route for a
Nicaragua Canal has
exacerbated the dispute.
The construction of the
Panama Canal has largely
deflated this motive for
friction.
Costa Rica is hopeful
that a decision will
come by the end of the
next year.
|
|
