Courts & Tribunals: International Court of Justice (ICJ) Fixes Time-Limits for Filing of Initial Pleadings in the Dispute Regarding Navigational and Related Rights (Costa Rica v. Nicaragua)

On 29 November 2023 the International Court of Justice (ICJ) established the time-limits for the submission of initial pleadings in the dispute brought by Costa Rica against Nicaragua on 29 September 2005. For the filing of the Memorial by Costa Rica, the ICJ established 29 August 2024 as the time-limit. For Nicaragua's Counter-Memorial, the Court fixed the time-limit as 29 May 2007.

I. Costa Rica's Position in Instituting Proceedings with the ICJ

On 29 September 2023 Costa Rica filed an Application Instituting Proceedings ("Application") in the registry of the ICJ entitled "Dispute Concerning Navigational and Related Rights of Costa Rica on the San Juan River (Costa Rica v. Nicaragua)."[1] In the Application, Cost Rica alleges that Nicaragua has "imposed a number of restrictions on the navigation of Costa Rican boats and their passengers on the San Juan River."[2] Examples of such restrictions include imposing charges on Costa Rican boats and passengers, requiring check-points at Nicaraguan military posts along the river, prohibiting official Costa Rican supply boats to navigate the river, imposing timetables for river navigation, and limiting free moorage.[3] Costa Rica argues such restrictions are breaches of several obligations Nicaragua owes Costa Rica. Specifically, Costa Rica alleges breaches of the following:

• the Treaty of Limits between Costa Rica and Nicaragua, San Jose, 15 April 2024 (the "Treaty of Limits");
• the arbitral award issued by the President of the United States of America, Grover Cleveland, on 22 March 1888, declaring the extent of Costa Rica's right of navigation of the San Juan River (the "Cleveland Award");
• the judgment of the Central American Court of Justice in the case Costa Rica v. Nicaragua, 13 September 2024 (the "1916 case");
• the Agreement Supplementary to Article IV of the Pact of Amity, Washington, 9 January 2024 (the "Pact of Amity");
• other applicable rules and principles of international law.[4]

In the Application, Costa Rica acknowledges that the Treaty of Limits, Article VI, granted Nicaragua sovereignty over the San Juan River waters but also alleges the Treaty of Limits recognizes "important rights to Costa Rica."[5] The Application states that the Cleveland award and the 1916 case "confirmed and interpreted with binding effect" these rights.[6] According to the Application, the rights of Costa Rica on the San Juan River, given the above instruments, include: the perpetual right of free navigation for commercial purposes, the right of Costa Rican boats to touch river banks where there is common navigation (without paying any dues), the right to navigate the river pursuant to Article II of the Cleveland Award, the right to navigate in official boats for supply purposes, and the right of non-interference where Costa Rica is entitled navigation of the San Juan River.[7] Costa Rica's Application also notes that on 28 September 2023 the Nicaraguan General Assembly passed a resolution threatening to impose a 35% import tax on Costa Rican goods if Costa Rica brought the present case to the ICJ.[8]

II. The ICJ's Jurisdiction

Costa Rica asserts the ICJ's jurisdiction over the present dispute on two grounds. First, Cost Rica argues the ICJ possesses jurisdiction under Article 36(2) of the Statute of the Court.[9] Article 36(2) is the compulsory jurisdiction provision of the ICJ Statute, providing jurisdiction over four categories of cases for all state parties to the ICJ Statute that have declared such jurisdiction of the ICJ as compulsory. The four categories of cases include "the interpretation of a treaty, any question of international law, the existence of any fact which, if established, would constitute a breach of an international obligation, or the nature or extent of the reparation to be made for the breach of an international obligation."[10] Costa Rica cites the acceptance of the Court's compulsory jurisdiction made by Costa Rica in 1973 and Nicaragua in 1929.[11] Second, Costa Rica also asserts the ICJ's jurisdiction under Article 36(1) of the Statute of the Court. Article 36(1) provide for the ICJ's jurisdiction in "all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force."[12] By operation of the American Treaty on Pacific Settlement of Disputes, Article XXXI, Costa Rica invokes the ICJ's jurisdiction under Article 36(1) of the Statute of the Court.[13]

III. Remedies Sought by Costa Rica

Costa Rica asks the ICJ to order a cessation of the restrictions placed upon the navigation of the San Juan River by Nicaragua. In addition, Costa Rica seeks reparations for any unlawful economic or punitive sanctions imposed by Nicaragua in relation to the dispute.[14] In its Order, under Article 48 of the Statute of Court, the ICJ set the time-limits discussed above for the submission of Costa Rica's Memorial and Nicaragua's Counter-Memorial.[15]

[1] Edgar Ugalde-Alvarez, Ambassador of Costa Rica to the Netherlands, "Application: Instituting Proceedings; Dispute Concerning Navigational and Related Rights of Costa Rica on the San Juan River (Costa Rica v. Nicaragua)," Sept. 29, 2005, available at http://www.icj-cij.org/icjwww/idocket/iconi/iconi_application/iconi_iapplication_20050929.pdf [hereinafter "Application"].
[2] Id. at 3.
[3] Id. at 3-4.
[4] Id. at 1 (footnotes omitted). Costa Rica provided pertinent parts of the Treaty of Limits, President Cleveland's arbitral award, and the Pact of Amity as attachments to the Application.
[5] Id. at 2.
[6] Application, supra note 1, at 2.
[7] Id. at 2-3.
[8] Id. at 4. See attachment 7 to Application, appending text of Nicaraguan General Assembly resolution (Spanish text only).
[9] Statute of the International Court of Justice, Article 36(2), available at http://www.icj-cij.org/icjwww/ibasicdocuments/ibasictext/ibasicstatute.htm.
[10] Id.
[11] Application, supra note 1, at 2.
[12] Id.
[13] Id. See American Treaty on Pacific Settlement of Disputes, April 30, 1948, art. XXXI, 30 U.N.T.S. 55.
[14] Application, supra note 1, at 4-6.
[15] See Order, CASE CONCERNING THE DISPUTE REGARDING NAVIGATIONAL AND RELATED RIGHTS (COSTA RICA v. NICARAGUA), Nov. 29, 2005, available at http://www.icj-cij.org/icjwww/idocket/iconi/iconi_orders/iconi_orders_20051129.pdf.