Dispute regarding Navigational and Related Rights (Costa Rica v.
transportation is a condition for meeting the inhabitants’ requirements ; that
Nicaragua)
OVERVIEW OF THE CASE
On 29 September 2005, Costa Rica filed an Application instituting
proceedings against Nicaragua in a dispute concerning the navigational and
related rights of Costa Rica on a section of the San Juan River, the southern
bank of which forms the boundary between the two States provided for by an
1858 bilateral treaty. In its Application, Costa Rica affirmed that “Nicaragua
has — in particular since the late 1990s — imposed a number of restrictions
on the navigation of Costa Rican boats and their passengers on the San Juan
River”, in violation of Article VI of the 1858 Treaty, which “granted to
Nicaragua sovereignty over the waters of the San Juan River, recognizing at
the same time important rights to Costa Rica”.
Costa Rica filed its Memorial and Nicaragua its Counter-Memorial within the
time-limits fixed by the Court’s Order of 29 November 2005. By an Order of
9 October 2007, the Court authorized the submission of a Reply by Costa Rica
and a Rejoinder by Nicaragua. Those pleadings were filed within the
prescribed time-limits.
Following public hearings held in March 2009, the Court rendered its
Judgment on 13 July 2009.
As regards Costa Rica’s navigational rights on the San Juan River under the
1858 Treaty, in that part where navigation is common, the Court ruled that
Costa Rica had the right of free navigation on the San Juan River for purposes
of commerce ; that the right of navigation for purposes of commerce enjoyed
by Costa Rica included the transport of passengers ; that the right of navigation
for purposes of commerce enjoyed by Costa Rica included the transport of
tourists ; that persons travelling on the San Juan River on board Costa Rican
vessels exercising Costa Rica’s right of free navigation were not required to
obtain Nicaraguan visas ; that persons travelling on the San Juan River on
board Costa Rican vessels exercising Costa Rica’s right of free navigation
were not required to purchase Nicaraguan tourist cards ; that the inhabitants of
the Costa Rican bank of the San Juan River had the right to navigate on the
river between the riparian communities for the purposes of fulfilling essential
needs of everyday life ; that Costa Rica had the right of navigation on the San
Juan River with official vessels used solely, in specific situations, to provide
essential services for the inhabitants of the riparian areas where expeditious
Costa Rica did not have the right of navigation on the San Juan River with
vessels carrying out police functions ; that Costa Rica did not have the right of
navigation on the San Juan River for the purposes of the exchange of personnel
among the police border posts along the right bank of the river or for the re-
supply of these posts, with official equipment, including service arms and
ammunition.
As regards Nicaragua’s right to regulate navigation on the San Juan River, in
that part where navigation is common, the Court found that Nicaragua had the
right to require Costa Rican vessels and their passengers to stop at the first and
last Nicaraguan post on their route along the San Juan River ; that Nicaragua
had the right to require persons travelling on the San Juan River to carry a
passport or an identity document ; that Nicaragua had the right to issue
departure clearance certificates to Costa Rican vessels exercising Costa Rica’s
right of free navigation but did not have the right to request the payment of a
charge for the issuance of such certificates ; that Nicaragua had the right to
impose timetables for navigation on vessels navigating on the San Juan River
; and that Nicaragua had the right to require Costa Rican vessels fitted with
masts or turrets to display the Nicaraguan flag.
As regards subsistence fishing, the Court found that fishing by the inhabitants
of the Costa Rican bank of the San Juan River for subsistence purposes from
that bank must be respected by Nicaragua as a customary right.
As regards Nicaragua’s compliance with its international obligations under the
1858 Treaty, the Court found that Nicaragua was not acting in accordance with
its obligations under the 1858 Treaty when it required persons travelling on
the San Juan River on board Costa Rican vessels exercising Costa Rica’s right
of free navigation to obtain Nicaraguan visas ; that Nicaragua was not acting
in accordance with its obligations under the 1858 Treaty when it required
persons travelling on the San Juan River on board Costa Rican vessels
exercising Costa Rica’s right of free navigation to purchase Nicaraguan tourist
cards ; and that Nicaragua was not acting in accordance with its obligations
under the 1858 Treaty when it required the operators of vessels exercising
Costa Rica’s right of free navigation to pay charges for departure clearance
certificates.
The Court rejected all the other submissions presented by Costa Rica and
Nicaragua.