Costa Rica Tells
International Court of Nicaragua's Violations
In the dispute over navigations rights of the San Juan river, Costa
Rica made its oral arguments before the International Court of
Justice (known colloquially as the World Court or ICJ) against its
neighbour, Nicaragua.
Costa Rica argues that Nicaragua has denied the navigation of the
river, impeding, on occasion, access to schools, markets and medical
services.
The ownership of the river is not in dispute, Costa Rica is not
making claim to the river which clearly belongs to Nicaragua, only
that it wants to the free access to navigate the river as it is
stipulated in a 150 year old treaty between the two countries.
Costa Rica's vice-chancellor, Edgar Ugalde, made the arguments
before a panel of 14 judges, telling them that Nicaragua "fully
denies the rights of Costa Rica".
Ugalde told the judges that Nicaragua has demanded Costa Ricans
passage along the river, demanding visas and permits for Costa Rican
police officials to patrol the river, all rights of free navigation
contained in the Cañas-Jerez treaty signed in 1858.
The treaty clearly establishes that ownership of the river belongs
to Nicaragua and gives Costa Ricans the right to navigate.
Ugalde argued that the river is of "vital importance" to Costa Rica,
not only for its natural richness, but also because it is a
transport route for access to schools, medical services and markets.
Costa Rica filed the suit in 2005.
Problems over the free navigation of the river surged in the 1980's
and heightened in the 1990's when Nicaragua systematically increased
the rights violations.
The lawyer for the Ministerio de Exteriores costarricense, Sergio
Ugalde, said that before the 80's there never were any problems on
the river and that contrary to Nicaragua's claims, Costa Rica never
in 1998 intercepted the boat carrying the Nicaraguan minister of
tourism.
Ugalde added that Nicaragua intensified its actions against Costa
Ricans after the international court filing in 2005, as reprisals
for the dispute.
Nicaragua, in its actions against the free navigation of the river
has deemed Costa Rican police patrol boats as "war boats", which are
not allowed under the 1858 treaty.
Nicaragua maintains that the treaty only allows boats carrying
merchandise to navigate freely and not boats carrying tourists or
carry firearms (armed police officials).
Costa Rica will continue its oral arguments today and then it will
be up to Nicaragua on Thursday and Friday to present its oral
arguments before the judges.
The court may take months to hand down a decision, which is binding
on both countries.
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