Friday, October 15, 2010

Can Costa Rica Intervene in the ICJ Case Between Nicaragua and Colombia?

Territorial and Maritime Dispute (Nicaragua v. Colombia) Proceedings on whether to grant Costa Rica’s application for permission to intervene Conclusion of the public hearings; the Court to begin its deliberation

The public hearings on whether to grant Costa Rica’s application for permission to intervene in the case concerning the Territorial and Maritime Dispute (Nicaragua v. Colombia) were concluded today. The Court will now begin its deliberation.

During the hearings, which opened on Monday 11 October 2010 at the Peace Palace, seat of the Court, the delegation of Costa Rica was led by H.E. Mr. Edgar Ugalde Álvarez, Ambassador of the Republic of Costa Rica to the Republic of Colombia, as Agent; the delegation of Nicaragua was led by H.E. Mr. Carlos José Argüello Gómez, Ambassador of the Republic of Nicaragua to the Kingdom of the Netherlands, as Agent and Counsel; and the delegation of Colombia was led by H.E. Mr. Julio Londoño Paredes, Professor of International Relations, Universidad del Rosario, Bogotá, as Agent.

The Court’s decision on whether to grant Costa Rica’s application to intervene will be delivered at a public sitting, the date of which will be announced in due course.

Submissions of Costa Rica and of the Parties

At the end of the hearings, the Agents of Costa Rica and of the Parties presented the following submissions to the Court:

For Costa Rica:

"On behalf of the Republic of Costa Rica, I should like to restate the remedy which my Government requests from the Court in this intervention.

We seek the application of the provisions of Article 85 of the Rules of Court, namely:

⎯ Paragraph 1: ‘the intervening State shall be supplied with copies of the pleadings and documents annexed and shall be entitled to submit a written statement within a time-limit to be fixed by the Court’, and;

⎯ Paragraph 3: ‘The intervening State shall be entitled, in the course of the oral proceedings, to submit its observations with respect to the subject-matter of the intervention.’"

For Nicaragua:

"In accordance with Article 60 of the Rules of Court and having regard to the application for permission to intervene filed by the Republic of Costa Rica and oral pleadings, the Republic of Nicaragua respectfully submits that:

The application filed by the Republic of Costa Rica fails to comply with the requirements established by the Statute and the Rules of Court, namely, Article 62, and paragraph 2, (a) and (b) of Article 81 respectively."

For Colombia:

"In light of the considerations stated during these proceedings, my Government wishes to reiterate what it stated in the Written Observations it submitted to the Court, to the effect that, in Colombia’s view, Costa Rica has satisfied the requirements of Article 62 of the Statute and, consequently, that Colombia does not object to Costa Rica’s request for permission to intervene in the present case as a non-party."

The verbatim records of the hearings held between 11 and 15 October 2010 are available on the Court’s website (www.icj-cij.org).

Public hearings on whether to grant the application for permission to intervene filed by Honduras in the same case will be held between 18 and 22 October 2010.

(ICJ Press Release)

http://lawprofessors.typepad.com/international_law/2010/10/can-costa-rica-intervene-in-the-icj-case-between-nicaragua-and-colombia.html

| Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef0133f5191cb3970b

Listed below are links to weblogs that reference Can Costa Rica Intervene in the ICJ Case Between Nicaragua and Colombia?:

Comments

Post a comment