Wednesday, April 24, 2013

ICJ Consolidates Proceedings in Two Cases (Costa Rica v. Nicaragua and Nicaragua v. Costa Rica)

The International Court of Justice (ICJ) announced that it has consolidated two pending cases:

  • Certain Activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua), and
  • Construction of a Road in Costa Rica along the San Juan River (Nicaragua v. Costa Rica).

The ICJ has joined proceedings in two earlier instances:

  • Cases concerning South West Africa (consolidated Ethiopia v. South Africa and Liberia v. South Africa), and
  • The North Sea Continental Shelf Cases (consolidated Federal Republic of Germany v. Denmark and Federal Republic of Germany v. The Netherlands).

Those earlier cases were consolidated even though the ICJ rules did not then expressly provide for consolidation.  However both of those consolidated cases were heard in a single hearing and decided in a single opinion.  Article 47 of the ICJ rules now provide that the ICJ "may at any time direct that the proceedings in two or more cases be joined" and that the Court has "a broad margin of discretion." Exercising that discretion here, the ICJ has joined these two cases involving Costa Rica and Nicaragua.

Click here for more information about the cases and their background.

Mark E. Wojcik (mew)

http://lawprofessors.typepad.com/international_law/2013/04/icj.html

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