Tuesday, March 8, 2011
The International Court of Justice (ICJ) issued an Order regarding Provisional Measures today in Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua). In its Order, the Court ordered that: "Each party shall refrain from sending to, or maintaining in the disputed territory, . . . any personnel, whether civilian, police or securty." Notwithstanding this order, the Court permitted Costa Rica to dispatch civilian personel charged with protection of the environment to the disputed territory as necessary to avoid "irreparable prejudice" being caused to the wetland area. In doing so, Costa Rica is required to consult with the Secretariat of the Ramsar Convention, to give Nicaragua prior notice, and to use its best endeavors to find common solutions with Nicaragua. The Court further ordered the parties to refrain from any action that might aggravate the situation. More details regarding the Court's reasoning may be found on the ICJ website here.