Reflections on the Nicaragua v. Colombia case (2022): From the perspective of traditional fishing rights
With respect to the Nicaragua v. Colombia case in 2022, whether Colombian fishermen in the San Andrés Archipelago, particularly the Raizales, have traditional fishing rights in the Nicaraguan Exclusive Economic Zone (EEZ) is one of controversial issues. Since Colombia is not a party to the United Na...
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| Format: | Article |
| Language: | English |
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Frontiers Media S.A.
2023-03-01
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| Series: | Frontiers in Marine Science |
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| Online Access: | https://www.frontiersin.org/articles/10.3389/fmars.2023.1126708/full |
| _version_ | 1828000673652801536 |
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| author | Jingyao Wang Qi Xu |
| author_facet | Jingyao Wang Qi Xu |
| author_sort | Jingyao Wang |
| collection | DOAJ |
| description | With respect to the Nicaragua v. Colombia case in 2022, whether Colombian fishermen in the San Andrés Archipelago, particularly the Raizales, have traditional fishing rights in the Nicaraguan Exclusive Economic Zone (EEZ) is one of controversial issues. Since Colombia is not a party to the United Nations Convention on the Law of the Sea (UNCLOS), the International Court of Justice (the Court or the ICJ) embodied customary international law as applicable law. It adopted a two-step method to examine Colombian claims and found that their fishermen did not enjoy traditional fishing rights. The Court found that affidavits of Colombian fishermen as major evidence were too sparse to prove the existence of a long-standing fishing practice. In light of a series of statements from the Nicaraguan President, there was a neither express nor implied recognition of traditional fishing rights of Colombian fishermen. This study reviews the ICJ’s judgment from three aspects. First, the paper will evaluate the Court’s (in)flexibility about the time requirement when examining the spanning period of a long-standing practice relating to traditional fishing activities. Second, concerning whether or in which circumstances the traditional fishing rights of a particular community can survive the establishment of the EEZ of another State, the Court found it unnecessary to examine this issue, the paper will also appraise potential legal impacts at this regard. Third, the Court did not identify Colombian claims of traditional fishing rights as indigenous rights, particularly for the Raizales. An increasing number of scholars of the law of the sea call for applying human rights norms to UNCLOS provisions, but the Court takes a cautious attitude in this regard. The paper will make more comments on the interaction between human rights law and the law of the sea. |
| first_indexed | 2024-04-10T06:17:55Z |
| format | Article |
| id | doaj.art-f0f63ab6a9c74ef19c44eb5bd76257a9 |
| institution | Directory Open Access Journal |
| issn | 2296-7745 |
| language | English |
| last_indexed | 2024-04-10T06:17:55Z |
| publishDate | 2023-03-01 |
| publisher | Frontiers Media S.A. |
| record_format | Article |
| series | Frontiers in Marine Science |
| spelling | doaj.art-f0f63ab6a9c74ef19c44eb5bd76257a92023-03-02T06:27:15ZengFrontiers Media S.A.Frontiers in Marine Science2296-77452023-03-011010.3389/fmars.2023.11267081126708Reflections on the Nicaragua v. Colombia case (2022): From the perspective of traditional fishing rightsJingyao Wang0Qi Xu1School of Law, Zhongnan University of Economics and Law, Wuhan, ChinaSchool of Law, Jinan University, Guangzhou, ChinaWith respect to the Nicaragua v. Colombia case in 2022, whether Colombian fishermen in the San Andrés Archipelago, particularly the Raizales, have traditional fishing rights in the Nicaraguan Exclusive Economic Zone (EEZ) is one of controversial issues. Since Colombia is not a party to the United Nations Convention on the Law of the Sea (UNCLOS), the International Court of Justice (the Court or the ICJ) embodied customary international law as applicable law. It adopted a two-step method to examine Colombian claims and found that their fishermen did not enjoy traditional fishing rights. The Court found that affidavits of Colombian fishermen as major evidence were too sparse to prove the existence of a long-standing fishing practice. In light of a series of statements from the Nicaraguan President, there was a neither express nor implied recognition of traditional fishing rights of Colombian fishermen. This study reviews the ICJ’s judgment from three aspects. First, the paper will evaluate the Court’s (in)flexibility about the time requirement when examining the spanning period of a long-standing practice relating to traditional fishing activities. Second, concerning whether or in which circumstances the traditional fishing rights of a particular community can survive the establishment of the EEZ of another State, the Court found it unnecessary to examine this issue, the paper will also appraise potential legal impacts at this regard. Third, the Court did not identify Colombian claims of traditional fishing rights as indigenous rights, particularly for the Raizales. An increasing number of scholars of the law of the sea call for applying human rights norms to UNCLOS provisions, but the Court takes a cautious attitude in this regard. The paper will make more comments on the interaction between human rights law and the law of the sea.https://www.frontiersin.org/articles/10.3389/fmars.2023.1126708/fulltraditional fishing rightsEEZ, indigenous rightsNicaraguaColombia, the UNCLOScustomary international law |
| spellingShingle | Jingyao Wang Qi Xu Reflections on the Nicaragua v. Colombia case (2022): From the perspective of traditional fishing rights Frontiers in Marine Science traditional fishing rights EEZ, indigenous rights Nicaragua Colombia, the UNCLOS customary international law |
| title | Reflections on the Nicaragua v. Colombia case (2022): From the perspective of traditional fishing rights |
| title_full | Reflections on the Nicaragua v. Colombia case (2022): From the perspective of traditional fishing rights |
| title_fullStr | Reflections on the Nicaragua v. Colombia case (2022): From the perspective of traditional fishing rights |
| title_full_unstemmed | Reflections on the Nicaragua v. Colombia case (2022): From the perspective of traditional fishing rights |
| title_short | Reflections on the Nicaragua v. Colombia case (2022): From the perspective of traditional fishing rights |
| title_sort | reflections on the nicaragua v colombia case 2022 from the perspective of traditional fishing rights |
| topic | traditional fishing rights EEZ, indigenous rights Nicaragua Colombia, the UNCLOS customary international law |
| url | https://www.frontiersin.org/articles/10.3389/fmars.2023.1126708/full |
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