HomeArchiveFinal Arguments in San Juan River Case

Final Arguments in San Juan River Case

Second in a two-part series on Costa Rica and Nicaragua’s case over the San Juan River

 

Costa Rica and Nicaragua wrapped up their final arguments in the San Juan River case last week, each side telling the 14-judge panel at the International Court of Justice (ICJ) at the Hague, Netherlands that 19thcentury agreements validated its claims.

At stake are navigation rights to the San Juan River, which forms nearly half of the border between the two countries to its mouth on the Caribbean Sea. The key point of contention is whether Costa Rican boats carrying guns and tourists can freely navigate the river, which is Nicaraguan territory but open to Costa Rican boats operating for “commercial purposes,” according to the 1858 Cañas-Jerez Treaty and the 1888 Laudo Cleveland Award.

Legal experts for the paintiff, Costa Rica, in their closing remarks last Monday, argued that Nicaragua has the “obligation to allow all Costa Rican vessels and their passengers to navigate freely on the San Juan for purposes of commerce,” including tourism and patrol boats, they said, without facing any “charges or fees.”

Because river merchants carried guns when the treaties were originally signed in the 1800s, the Costa Rican side argues, then the treaties allow boats to carry guns today. Further, the Costa Rican government maintains that tourism is a “commercial purpose,” thus boats should be free to navigate the river for tourism purposes.

Costa Rica also contends that Nicaragua cannot require passengers to carry passports or Nicaraguan visas or force boats stop at checkpoints along the river.

Costa Rica took the case to the ICJ, based in The Hague, Netherlands, in 2005, after Nicaraguan authorities refused to allow armed Costa Rican patrol boats from navigating the river and levied extra fees on Costa Rican boats carrying tourists. Costa Rica is also seeking compensation from Nicaragua, for damages and lost revenues caused by Nicaraguan authorities.

Attorneys for Nicaragua, meanwhile, urged the court to reject Costa Rica’s petition, arguing that it had not violated any of its obligations. They say the treaties gave Nicaragua “full sovereignty” over the river, meaning it could restrict all forms of transportation save for goods and merchandise – including tourism and armed patrol boats.

Nicaragua also alleges that the agreements allow only boats “with articles of trade” or “objects of commerce,” accusing Costa Rica of “free” interpretation of the treaties by expanding the meaning of the agreements, through an inexact translation, to include “for purposes of commerce.”

Victor Hugo Tinoco, a Nicaraguan opposition lawmaker with the Sandinista Renovation Movement and the former vice-foreign minister under the first Sandinista government in the 1980s, says the most important thing to realize about case before The Hague is that Nicaragua’s sovereignty over the river is not in play.

“Our sovereignty is not up for debate, only Costa Rica’s interpretation of its limited navigation rights,” the lawmaker said (Costa Rica’s Foreign Ministry has repeatedly emphasized that it does not dispute that the San Juan River is Nicaraguan territory). Tinoco added that, based on precedent, he doesn’t think there’s any way that The Hague will rule in favor of Costa Rica. But once a decision is handed down, Tinoco said he thinks it will “help to normalize relations with Costa Rica.”

Costa Rica’s Foreign Ministry, for its part, has also said a decision would finally end the primary source of discord between the neighboring countries.

Foreign Minister Bruno Stagno said Costa Rica would honor the ruling of the court, regardless of the case’s final outcome.

“Costa Rica will respect the decision of the court,” Stagno told The Tico Times. “We are a country that respects international law.”

A decision, however, is not likely for months.

“This is the exclusive competence of the judges,” Stagno said, adding that he expects a decision “probably during the course of the year 2009.”

Nica Times Editor Tim Rogers contributed to this report.

 

 

Trending Now

Pandora Closes All Five Stores in Costa Rica, Leaving Shoppers With Questions

Jewelry retailer Pandora has closed all five of its stores in Costa Rica, leaving customers wondering whether the popular Danish brand plans to reopen...

Route 32 to Costa Rica’s Caribbean closed after overnight landslide

Route 32 closed overnight at Zurquí after a landslide. Here's what it means if you're driving to the Caribbean today.

Panama Celebrates Removal From European Union Tax Blacklist

The European Union announced today that it had removed Panama and Vietnam from its tax haven blacklist, citing progress made by both countries. The...

Is Snoop Dogg’s Costa Rica Concert Still Happening?

Snoop Dogg’s highly anticipated concert in Costa Rica remains scheduled for December 3, despite recent legal developments involving one of the event’s producers. The...

Costa Rica Opens Probe Into Political Ties of Man Wanted by US DEA

Costa Rica's attorney general will investigate whether a naturalized Costa Rican detained for extradition to the United States had political ties or helped finance...

Costa Rica Beats Haiti 2-0 as Bryan Ruiz Finishes Interim Run Unbeaten

Costa Rica beat Haiti 2-0 last night at Estadio Ricardo Saprissa, closing its Concacaf Nations League group stage with a second consecutive victory under...

Costa Rica Sends ₡1.5 Billion to Red Cross as Branches Still Face Pressure

Visit Site Costa Rica has ordered a ₡1.5 billion transfer to the Red Cross to help keep its emergency network running. President Laura Fernández instructed...

Study Counts More Than 557,000 Costa Rican Children in Poverty

A Conare study finds 557,193 minors in Costa Rica's social-aid registry are classified as poor, with Sarapiquí and the Southern Zone hit hardest.

Panama Earthquake Aftershocks Could Shake Costa Rica for Weeks

Costa Rica could experience more tremors in the coming days and weeks as Panama continues to record aftershocks from yesterday's powerful magnitude 7.7 earthquake....
Loading…

Latest News from Costa Rica

Costa Rica Coffee Maker Chorreador
Costa Rica Car Rentals
Costa Rica Travel Insurance
Costa Rica Travel