Headings

ACS Summit December 11-12, 2001 in Margarita Island, Venezuela.

Twenty-five countries signed the Convention for the Establishment of the Sustainable Tourism Zone of the Caribbean (STZC). The STZC will be the world’s first such Zone and is meant to guarantee the long term viability of the region’s tourism product. The Convention provides for the categorization of destinations according to agreed standards of sustainability that are to be refined. Provision is to be made for technical assistance to help countries upgrade their tourist product to meet the established standards.

Nicaragua SUES COLoMBIA BEFORE THE WORLD COURT OVER A DISPUTE CONCERNING TERRITORIAL QUESTIONS AND MARITIME DELIMITATION IN THE WESTERN CARIBBEAN

On Thursday, December 6, 2001, the Republic of Nicaragua instituted proceedings before the International Court of Justice (the "ICJ" or "Court") against Colombia over an alleged dispute concerning sovereignty over certain islands and keys in the western Caribbean and delimitation of the maritime areas of the two states

Nicaragua's Application asserts that the so-called Barcenas- Esguerra Treaty of March 24, 1928 cannot provide a legal basis for Colombian title to the Archipelago of San Andres, because it is not a valid treaty of delimitation.

In Nicaragua's view, the islands and keys of San Andres and Providencia became a part of the sovereign territory of Nicaragua after the dissolution of the Federation of Central American States in 1838.

The Application further asserts that, by claiming sovereignty over the islands of San Andres and Providencia and certain keys, Colombia claims dominion over more than 50,000 square kilometers of maritime space that appertains to Nicaragua, or more than half the maritime spaces of Nicaragua in the Caribbean Sea. According to Nicaragua, this situation seriously imperils the livelihood of the people on its Caribbean coast.

The Application also refers to incidents where the Colombian navy has intercepted and captured Nicaraguan fishing vessels in areas lying only 70 miles off the Nicaraguan coast.

Nicaragua's Application requests the Court to declare that Nicaragua has sovereignty over the islands of San Andres, Providencia and Santa Catalina and all the appurtenan islands and keys, as well as other keys capable of appropriation.

In addition, Nicaragua is asking the Court to fix a single maritime boundary between the areas of both states' continental shelf (i.e., the sea-bed and subsoil of the submarine areas that extend beyond a state's territorial sea throughout the natural prolongation of its land territory to a certain distance) and exclusive economic zone (i.e., an area beyond and adjacent to the territorial sea up to 200 nautical miles from the baselines from which the breadth of the territorial sea is measured).

Finally, Nicaragua has reserved the right to claim compensation for Colombia's alleged unjust enrichment stemming from its possession of the disputed islands and keys and for Colombia's interference with fishing vessels owned or licensed by Nicaraguan parties.

The text of the Court's brief press communiqué on this case (No. 2001/34) is available on its Web site:

http://www.icj-cij.org

Source: Pieter H.F. Bekker

Dr. Pieter H.F. Bekker practices international law and arbitration at White & Case LLP in New York City, and formerly served as a staff lawyer in the Registry of the ICJ in The Hague.