Dispute between Nicaragua and Columbia concerning delimitation in Caribbean sea

It was a dispute over some islands and cays in Caribbean whose importance was that they were determining division of continental shelf. The islands are much closer to the coast of Nicaragua than the cost of Columbia, but this fact did not have decisive importance in attribution of sovereignty over t...

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Bibliographic Details
Main Author: Etinski Rodoljub
Format: Article
Language:English
Published: University of Novi Sad, Faculty of Law 2014-01-01
Series:Zbornik Radova: Pravni Fakultet u Novom Sadu
Subjects:
Online Access:http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2014/0550-21791402039E.pdf
Description
Summary:It was a dispute over some islands and cays in Caribbean whose importance was that they were determining division of continental shelf. The islands are much closer to the coast of Nicaragua than the cost of Columbia, but this fact did not have decisive importance in attribution of sovereignty over the islands. The border on the sea, inherited from Spanish colonial time, was not easy to be determined. The both sides referred to certain legal acts of colonial authorities which might serve as colonial titles, but these acts were not precise enough. On the other hand, Columbia and Nicaragua settled some territorial issue by the 1928 Treaty and the 1930 Protocol thereto. Nicaragua challenged validity of the Treaty, but without success. The International Court of Justice found that Columbia has performed certain acts of sovereign power over the disputed clays in post-colonial time and resolved the dispute in favor of Columbia applying post-colonial effectivités.
ISSN:0550-2179
2406-1255