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Chile’s preliminary objection to the jurisdiction of the Court was dismissed by the ICJ

Frank van Beek | ICJ
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The International Court of Justice rejected the request of preliminary exceptions presented by Chile against the Bolivian demand which purpose is to obligate Chile to negotiate Sovereign Access to the Pacific Ocean. By 14 votes to 2. The tribunal dismissed the Chilean arguments and assured they have the competence to see the background of the Bolivian petition.

“The verdict doesn´t compromise our territorial integrity”. Is the Chilean government’s statement, supporting the thesis that the verdict provided by the ICJ this Thursday is just a procedure act which pointed out the tribunal competence on this matter.

The sentence was read by the ICJ´s president, the French Ronny Abraham who explained the ICJ concludes that the matters in dispute are not matters “already settled by arrangement between the parties, or by arbitral award or by decision of an international court”. Thus, the International court of justice finds that it has jurisdiction, on the basis of Article XXXI of the Pact of Bogotá, to entertain the Application filed by the State of Bolivia on 24 April 2013.

The preliminary objection lodged by Chile pursued to convince the Court of not seen the Bolivian demand’s background through pointing out that those differences were already solved on the agreement of 1904.
By its side Bolivia replied that the demand it´s not related with the Pact of Bogotá and assured that Chile has created an expectative of negotiation on a parallel manner besides the validity of those arrangements.

According with the International Court of Justice’s verdict, Chile is not allowed to use as argument the pact of 1904 on the demand‘s background. Now, Chile must to present the demand counter-memory in order to continue with the process which was interrupted by the preliminary objection.

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