On July 13, 2023, the International Court of Justice (ICJ), the principal judicial organ of the United Nations, delivered its judgment in the case concerning the question of the delimitation of the continental shelf between Nicaragua and Colombia beyond 200 nautical miles from the Nicaraguan coast.
The case was brought before the court by Nicaragua in September 2013, requesting the court to delimit the boundaries of the continental shelf between the two countries beyond the 200-nautical-mile limit from the baselines used to measure the breadth of Nicaragua’s territorial sea.
Nicaragua’s written pleadings requested the court to adjudge and declare three main points. First, that the maritime boundary between Nicaragua and Colombia in the areas of the continental shelf beyond the boundary determined by a previous court judgment should follow geodetic lines connecting specified coordinates. Second, that the islands of San Andrés and Providencia should be entitled to a continental shelf up to a line consisting of 200-nautical-mile arcs from the baselines of Nicaragua. Third, that Serranilla and Bajo Nuevo should be enclaved and granted a territorial sea of twelve nautical miles.
In its order of October 4, 2022, the court determined that before considering technical and scientific questions related to delimitation, it needed to decide on two preliminary questions. The first question was whether, under customary international law, a state’s entitlement to a continental shelf beyond 200 nautical miles from its baselines could extend within 200 nautical miles from another state’s baselines. The second question concerned the criteria for determining the limit of the continental shelf beyond 200 nautical miles and whether the relevant provisions of the United Nations Convention on the Law of the Sea reflected customary international law.
Public hearings on these questions were held in December 2022, and in its judgment, the court concluded that a state’s entitlement to a continental shelf beyond 200 nautical miles may not extend within 200 nautical miles from another state’s baselines. As a result, the court found no need to address the second question.
Based on this conclusion, the court determined that the requests made by Nicaragua in its submissions could not be upheld. The judgment, which is final, without appeal, and binding on the parties, rejected Nicaragua’s requests regarding the maritime boundary, the islands of San Andrés and Providencia, and the maritime entitlements of Serranilla and Bajo Nuevo.
The court’s judgment was rendered by a vote of thirteen to four in each of the three decisions. The majority rejected Nicaragua’s requests, while the dissenting judges appended their opinions to the judgment.
The ICJ’s decision in this case has significant implications for the delimitation of the continental shelf between Nicaragua and Colombia. By clarifying the extent of a state’s entitlement to the continental shelf beyond 200 nautical miles, the court provides legal certainty and stability in maritime boundaries. This contributes to the peaceful resolution of disputes and promotes the rule of law in the international community.
The court’s judgment also underscores the importance of international law and the role of the ICJ as the principal judicial organ of the United Nations. It demonstrates the court’s commitment to impartially adjudicate disputes between states and provide legal interpretations based on customary international law and relevant treaties.
Moreover, this case highlights the significance of the United Nations Convention on the Law of the Sea (UNCLOS) in guiding the delimitation of maritime boundaries. The court’s consideration of the criteria for determining the limit of the continental shelf beyond 200 nautical miles emphasizes the relevance of UNCLOS provisions in customary international law. In conclusion, the ICJ’s judgment on the question of the delimitation of the continental shelf between Nicaragua and Colombia reaffirms the court’s commitment to resolving international disputes through legal means. By clarifying the extent of a state’s entitlement to the continental shelf and rejecting Nicaragua’s requests, the court establishes legal certainty and promotes stability in maritime boundaries. This decision underscores the importance of international law and the role of the ICJ in upholding the rule of law in the international community.
