Public international law Essay Example | Topics and Well Written Essays - 1500 words

Public external law - Essay ExamplePart 1 Background on the Dispute In 1858, rib Rica and Nicaragua ratified a Treaty of Limits granting Nicaragua sovereign jurisdiction over a 140 km stretch out of the San Juan River, and rib Rica sovereign recompenses over its right bank, as well as certain , water travelal rights, con objetos de comercio.2 An 1888 arbitral award rendered by United States President Grover Cleveland affirmed the Treatys continuing validity3 and upheld Costa Ricas right to pilot the river with revenue service vessels, but non war vessels.3. In 1916, the Central American address of legal expert held that Nicaragua breached the 1858 Treaty by signing the Chamorro-Bryan Treaty of 1914, granting the United States exclusive proprietary rights for the construction and maintenance of an inter-oceanic supply through the river. Excluding a 1956 Agreement on river traffic and protection of the border, no events of significance to the treaty administration occurred for a lmost seventy years. Starting in the 1980s, Costa Rica protested Nicaraguas introduction of new restrictions on navigation, while Nicaragua supposed Costa Rica was exceeding its right of free navigation under the 1858 Treaty. Tensions mounted. On folk 29, 2005, Costa Rica instituted legal proceeding against Nicaragua at the ICJ claiming that Nicaragua was in breach of its obligations under the 1858 Treaty. Nicaragua raised no objections to the Courts jurisdiction. Costa Rica sought an order declaring Nicaragua in breach, and requiring Nicaragua to cease unlawful conduct, make reparation, and give assurances of non-repetition. Nicaragua denied breaching any obligations, asserted that any obligations allegedly breached did not arrive from any international law rule, and sought a number of rulings on its power to regulate Costa Ricas navigational rights. Part 2 Summary of the Judgment The July 13, 2009 Judgment provides concrete guidance on the outcome of Costa Ricas right to free navigation, defines the scope of Nicaraguas power to regulate Costa Ricas right, and identifies a customary right of Costa Rican riparians to engage in subsistence fishing. Specifically, the Court held that Costa Rica has a treaty right to free navigation for the purposes of commerce, including the transport of passengers and tourists, and that Nicaragua cannot land visa or tourist card requirements on passengers of Costa Rican vessels. Also, the Court cogitate that Costa Rican riparians have the right to navigate between their communities to meet everyday essential needs, as do Costa Rican official vessels used solely to provide essential services to riparian communities. Costa Rica does not have the right, however, to navigate with vessels carrying out police functions, to exchange police border post personnel, or to resupply posts. The Court ruled that Nicaragua has the right to require Costa Rican vessels to stop at the first and last Nicaraguan posts on their route require r iver travelers to carry an identity document issue, but not charge for, departure certificates impose navigation timetables and require vessels to display the Nicaraguan flag. Part 3 The Judgement 1. On 29 September 2005 the Republic of Costa Rica filed in the Registry of the Court an Application of the same date,