Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea

Abstract

International Court of Justice — Jurisdiction — Treaty — Pact of Bogotá — Effect of denunciation — Whether termination of Pact by Colombia precluding the Court from having jurisdiction over claim filed before expiry of one year from denunciation — Articles XXXI and LVI of Pact — Requirement of dispute — Whether there existed a dispute on subject-matter of claim brought by Nicaragua — Dispute over alleged violation by Colombia of sovereign rights — Dispute over alleged violation by Colombia of prohibition of use of force — Whether precondition under Article II of Pact satisfied — Prospect of negotiated settlement — Inherent jurisdiction of the Court — Whether Nicaragua’s claim was an attempt to enforce 2012 judgment

International Court of Justice — Counterclaims — Jurisdiction in respect of counterclaims — Requirement of connection between counterclaim and main claim — Article 80 of Rules of Court — Admissibility of counterclaims — Direct connection — Direct connection in fact — Direct connection in law — Whether Colombia’s counterclaims directly connected with Nicaragua’s original claim — Jurisdiction — Whether lapse of a title of jurisdiction affecting Court’s jurisdiction over Colombia’s counterclaims — Whether there existed a dispute concerning subject-matter of Colombia’s third and fourth counterclaims — Whether precondition under Article II of Pact was met in relation to the third and fourth counterclaims