According to the ICJ’s judgment on the dispute of the claim filed by Nicaragua against Colombia related to the continental shelf, a historic ruling was issued on July 13th. The International Court of Justice (ICJ) addressed the issue of the delimitation of the continental shelf between Nicaragua and Colombia. The dispute revolves around the limits of the continental shelf beyond the 200 nautical miles from the coast of Nicaragua.
Nicaragua initiated the process against Colombia in 2013, seeking clarifications on the delimitation of the continental shelf between the two countries. Nicaragua proposed coordinates for the limit of the continental shelf in the area beyond the 200 nautical miles from its coast but within the 200 nautical miles from the continental coast of Colombia.
Nicaragua presented coordinates to determine the area of overlap between its right to an extended continental shelf and Colombia’s right to a continental shelf within the 200 nautical miles from the coasts of San Andrés and Providencia.
Nicaragua requested the Court to declare that the islands of Serranilla, Bajo Nuevo, and Serrana should each be granted a territorial sea of twelve nautical miles.
In October 2022, the ICJ decided to address certain questions of law before considering the technical and scientific aspects of the case. The Court requested that Nicaragua and Colombia limit their arguments to two specific questions.
The Court examined Nicaragua’s submissions. In its judgment, the ICJ rejected Nicaragua’s requests for the delimitation of the continental shelf between Nicaragua and Colombia beyond the 200 nautical miles. It determined that Nicaragua did not have the right to an extended continental shelf within the 200 nautical miles from the continental coast of Colombia or the coasts of San Andrés and Providencia.
Regarding the islands of Serranilla and Bajo Nuevo, the Court noted that their potential maritime rights could not overlap with Nicaragua’s extended continental shelf. It concluded that there was no need to determine the extent of their rights to resolve the dispute.
The ICJ ruled against Nicaragua’s requests for the delimitation of the continental shelf with Colombia. The judgment clarifies the legal framework for determining the limits of the continental shelf beyond 200 nautical miles under customary international law.
The ICJ’s decision ends the dispute between Nicaragua and Colombia, providing important guidance on the interpretation of international maritime law and the delimitation of continental shelves in similar cases. However, the troubling consequence of the ruling overall remains the enclosure of the Islands of San Andrés and Providencia and its implication for the food security of the Raizal fishermen. While the Exclusive Economic Zone regime eliminates the traditional historical right to artisanal fishing, which Colombia failed to prove to the ICJ.
What will proceed -as stated by both nations- is to negotiate a treaty that can jointly ensure the food security and historical rights of the Raizal fishermen.
See the article «Traditional Fishing Rights: The Nicaragua Vs Colombia Dispute«
Source: ICJ
