Nicaragua and Colombia today will present opening arguments before the International Court of Justice to resolve a decades-old legal dispute over the maritime boundary demarking the exclusive economic zone appertaining to each country.
Nicaragua first took the case before The Hague in 2001 in protest to the Colombian navy harassing Nicaraguan fishing boats in Caribbean waters claimed by both countries.
Nicaragua argues that the 1928 Esguerra-Bárcenas treaty, which gave Colombia the Archipelago of San Andres, Providencia and Santa Catalina, does not establish maritime borders. Colombia, meanwhile, has used that treaty to encroach on Nicaraguan waters, establishing the 82nd meridian as the limit of Colombian waters—a move that nearly halves Nicaragua’s maritime territory.
The Sandinista government has claimed—since the 1980s—that the entire treaty is void because it was singed under U.S. pressure during a period of military intervention. Colombia, however, has used the treaty and the 82nd meridian limit to sign other international treaties, such as 1986 maritime boundary signed with Honduras that gave Colombia control over the Keys of Roncador, Quitasueno, Serrana and Serranilla.
Nicaragua argues its boundary should extend to the limit of its continental platform. Nicaragua is calling for an interpretation on the maritime boundary based upon equitable principles and the 1982 Law of the Sea Convention. In a preliminary ruling in 2007, the World Court ruled that the Archipelago of San Andres, Povidencia and Santa Catalina (which were part of Nicaragua from 1838 to 1928) are Colombian territory. But The Court left the maritime border dispute unresolved.
If Nicaragua wins the case, it could nearly double its maritime territory in the Caribbean. The hearing will last through May and a ruling is expected before the end of the year.