Litigio Nicaragua - Colombia en la corte internacional de justicia

on december 6, 2001 nicaragua introduces an instance against colombia before the international court of justice, “with regard to juridical questions that remain undecided between both states, on the subject of territorial qualifications and on the subject of marine delimitation in the western caribb...

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Autores:: Chagüi Flórez, Olga Cristina

Tipo de recurso:: Trabajo de grado de pregrado

Fecha de publicación:: 2008

Institución:: Corporación Universidad de la Costa

Repositorio:: REDICUC - Repositorio CUC

Idioma:: spa

Description
Summary:	on december 6, 2001 nicaragua introduces an instance against colombia before the international court of justice, “with regard to juridical questions that remain undecided between both states, on the subject of territorial qualifications and on the subject of marine delimitation in the western caribbean sea”. nicaragua raises an international controversy on having declared unilaterally the invalidity of the treaty signed with colombia in 1928, so called esguerra-bárcenas. for this reason it comes before the court with foundation in the agreement of bogota, signed by both countries in 1948, and in the clause of obligatory jurisdiction of the court or optional clause. colombia decides to present preliminary exceptions attacking the competition of the court to know about the litigation. the contentious one develops following the judicial procedure established in the statute of the court. first of all colombia presents in the term fixed for the presentation of the written procedure, an exhibition that contains the remarks and conclusions on the proposed preliminary exceptions, later the court fixes the term for the deposit of a written exhibition of nicaragua on the preliminary exceptions of incompetence presented by colombia. there begins the oral stage of the procedure with the public hearings realized from june 4, 2007, until june 8, 2007, day in which the court begins the deliberation that concludes on having dictated the mistake relative to the preliminary exceptions on december 13, 2007, the court declared itself judging that the agreement of 1928 between colombia and nicaragua regulated one of the questions claimed by nicaragua, consequently, there discarded for the final object of the litigation that juridical disagreement was surviving between the parts on this question and declared itself incompetent, retaining this way, one of the exceptions presented by colombia; the court on the other hand judged, that it is competent for estatuir on the disagreement relative to other questions that compose the difference between the parts. consequently, it establishes november 11, 2008 as the maximum term so that colombia deposits its counter-memory

Litigio Nicaragua - Colombia en la corte internacional de justicia

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