Resumo

GOMEZ-PULISICH, Facundo M. THE TERRITORIAL AND MARITIME DISPUTE BETWEEN NICARAGUA AND COLOMBIA: SOME QUESTIONS CONCERNING TERRITORIAL SOVEREIGNTY AND MARITIME DELIMITATION. Int. Law: Rev. Colomb. Derecho Int. [online]. 2016, n.28, pp.113-208. ISSN 1692-8156.  https://doi.org/10.11144/Javeriana.il14-28.ldtm.

This contribution will provide a thorough analysis of certain points addressed by the International Court of Justice (ICJ) in its main two judgments in the case concerning the Territorial and Maritime Dispute between Nicaragua and Colombia: those of 13 December 2007 and 19 November 2012, on preliminary objections and on the merits, respectively. These judgments are of particular importance, due mainly to the impact of the judgment on the merits on the conduct of the States parties to the dispute. This article is divided into two parts. The first part willfocus on the 1928 Treaty and its 1930 Protocol as legal titles. It will examine the relevance of the analysis of the treaties' validity, as well as the interpretation of these instruments made by the ICJ. The second part will concentrate on issues relating to maritime delimitation. It will examine the arguments presented by the Court to justify its decision on the impossibility of treating Nicaragua's second claim, and carefully analyse both the method of maritime delimitation identified by the Court and its application.

Palavras-chave : Territorial Sovereignty; Validity of Treaties; Interpretation of Treaties; Maritime Delimitation; Admissibility of a New Claim; Continental Shelf; Determination and Implementation of the Maritime Delimitation Methodology.

        · resumo em Francês | Espanhol     · texto em Francês     · Francês ( pdf )