Shirin S's List: International Law

• ARTICLE XXXI. In conformity with Article 36, paragraph 2, of the Statute of   the International Court of Justice, the High Contracting Parties declare that   they recognize, in relation to any other American State, the jurisdiction of   the Court as compulsory ipso facto, without the necessity of any   special agreement so long as the present Treaty is in force, in all disputes   of a juridical nature that arise among them concerning:
    a) The interpretation of a treaty;

   

    b) Any question of international law;

   

    c) The existence of any fact which, if established, would constitute the   breach of an international obligation;

   

    d) The nature or extent of the reparation to be made for the breach of an   international obligation.

  • Basis of the jurisdiction of the case.

• Under the United Nations Convention on the Law of the Sea, the term continental shelf was given a legal definition as the stretch of the seabed adjacent to the shores of a particular country to which it belongs.

• A Special Economic Zone (SEZ) is a geographical region that has economic laws that are more liberal than a country's typical economic laws. The category 'SEZ' covers a broad range of more specific zone types, including Free Trade Zones (FTZ), Export Processing Zones (EPZ), Free Zones (FZ), Industrial Estates (IE), Free Ports, Urban Enterprise Zones and others. Usually the goal of a structure is to increase foreign direct investment by foreign investors, typically an international business or a multinational corporation (MNC).
• Currently, Puno, Peru has been slated to become a "Zona Economica" by its president Alan Garcia.

• Article 54

   

   

  The national territory is inalienable and inviolable. It includes the soil, subsoil, maritime dominion, and air space above it.

   

  
   The nation's maritime dominion includes the sea adjacent to its coast, the ocean floor, and the subsoil extending out to a distance of 200 maritime miles measured from base lines established by law.

   

  
   The nation enjoys sovereignty and jurisdiction over its maritime dominion. without prejudice to the freedom of international communication, in accordance with the law and treaties ratified by the government.

   

  
   The nation exercises sovereignty and jurisdiction over the air space above its territory and adjacent sea extending out to a distance of 200 miles, without prejudice to the freedom of international communication, in accordance with the law and treaties ratified by the government.

  • Article 54 of the Peruvian constituion states that Peru has dominion over 200 nautical miles off of it's coast. This is a right established in the nation's constitution, and therefore cannot be breached.

• hile Peru argues that the sea border should run on a southwestern direction from their land border, Chile claims that on bilateral treaties signed in 1952 and 1954 Peru recognized that it runs on a western direction.^[1] The Peruvian agent is Allan Wagner and the Chilean agent is Alberto Van Klaveren

• The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and began work in April 1946.

   

  The seat of the Court is at the Peace Palace in The Hague (Netherlands). Of the six principal organs of the United Nations, it is the only one not located in New York (United States of America).

   

  The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies.

   

  The Court is composed of 15 judges, who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council. It is assisted by a Registry, its administrative organ. Its official languages are English and French.

• The meeting was carried out after Chile announced that it will not contest the jurisdiction of the International Court of Justice in The Hague in the dispute raised by Peru to define the maritime boundaries between the two countries. 
  
  "It's a meeting of the intelligent relationship and of the deep love of our people which must not be affected by circumstances that will be solved in a positive way for the countries," Simon told journalists after his meeting with Fernandez. 
  
  Relations between the two countries "have never been cut. They can not be cut with many Peruvians living here in Chile and many Chilean businesses in Peru," he added.

• Chile, which claims the disputed  area is "unquestionably under Chilean sovereignty and jurisdiction."
•  Peru refuted that the two treaties mentioned by Chile were merely fishing  accords and accused Chile of "grabbing" 37,900 sq km of resource-rich ocean from  Peru.

  • Could say that by not agreeing to the proposed boundries, Chile could be stealing land and valuable resources rightfully belonging to Chile...

  • Could use tactic that Chile is stealing land from Peru....
• "Deeply lamenting" Peru's presentation of the lawsuit, Chile recalled its  ambassador from Lima on Thursday.

• Defending Peru's stance, Peruvian President Alan Garcia told parliament on  Wednesday that the lawsuit aims to solve the problem peacefully, fairly and  completely and that he hopes to avoid any damage to relations between the two  countries.  

      Garcia added he believed "the case at The Hague will resolve the bilateral  controversy in the most civilized and sensible manner."  
• Also upbeat on the prospects of the case, Peruvian Foreign Minister Jose  Garcia Belaunde said "the presentation of the demand will cause certain  agitation" but that later "everything will return to normal" in Peru's relations  with Chile.

  • Stress that Peru wants to maintain good relations with Chile, and use quotes from the President and the Foreign Minister if neccessary...

• However, Peruvian Defense Minister Antero Flores-Araoz struck amore stern  note, saying Peru's position is based on solid juridical arguments and  historical tradition, and the dispute must be solved in accordance with  international law.  

      The Hague court said "the delimitation is to be determined in accordance  with customary international law," but added it would probably take over five  years to issue a final verdict on the dispute.  
• Analysts said the ownership of the rich fishing resources in the area lies  at the core of the dispute. Chile used to detain Peruvian ships entering the  disputed area, but in 2006 it amended its constitution to lay claim to the  ownership of the area. Chile will now use its right to settle disputes through  military means, analysts say.

  • Add that Chile would have, had Peru not submitted the case to the Court, resorted to military means to solve the dispute.

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• maritime dispute that dates back 120 years.
• The dispute dates back to the 1879 – 1883 War of the Pacific, in which Peru and Bolivia lost substantial territory to Chile. Central to the row is 38,000 square kilometers, or about 14,500 square miles, of fishing-rich sea which Chile currently controls.
• In August 2007, Chile recalled its ambassador from Peru after the State-run newspaper, daily El Peruano, published an official map that indicated Peru’s control over the contentious area.

  • Even official maps have stated that Peru has control.
• Peru has claimed that the maritime zone has never been delimited, however Chile says the current border was established under two agreements signed in the 1950s.
• The current border is parallel to the equator cutting west across the pacific. Peru’s proposed border follows the countries south-western sloping border into the ocean.

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• In May 2005, Peru suspended free-trade negotiations and diplomatic goodwill measures with Chile. It also refused to support Chile to take the lead of the Organization of American States.

  • Research why Peru took such measures
• On January 26, 2007, Peru’s government issued a protest against Chile’s controversial demarcation of the coastal frontier the two countries share. Peruvian President Alan García recalled his ambassador to Chile, Hugo Otero, to Lima to consult about the controversy over the maritime boundary the two countries share, a maritime border dispute that dates to the War of the Pacific.

  • Politicians attempted negotiation.
• According to the Peruvian Foreign Ministry, the Chilean legislatures have endorsed a plan regarding the Arica-Parinacocha Region which does not comply with the current, established territorial demarcation. Moreover, they allege that the proposed Chilean law includes an assertion of sovereignty over 19,000 sq. meters of land in Peru's Department of Tacna.

  • Remember that Tacna was given to Peru by the Treaty of Lima, so if the alleged claim is true, then Chile is over-stepping its boundries.
• The Peruvian government maintains that the dispute over the Chilean plan that has been submitted to the Chilean Constitutional Court is part of an on-going maritime dispute whereby Chile has tried to use the demarcation process to extend its maritime frontier.
• Over the past 50 years, Peru has maintained claims over roughly 40,000 square kilometers of ocean territory. For its part, the Chilean government has asserted that the region in dispute is not a coastal site named Concordia, but instead refers to boundary stone No. 1, which is located to the northeast and 200 meters inland.^[2]

  • Peru has had consistency in its claims.
• Given that the proposed Chilean law does not recognize the borderline established by both nations in the 1929 agreement, Peru lodged diplomatic protests with Chile. In the complex territorial dispute, Chile is attempting to modify the border near the Pacific Ocean to fit in the geographical parallel, rather than continuing the national borderline to the sea, which Lima asserts will cut off at least 19,000 square meters of the Peruvian territory.^[3] Nevertheless, a possible border dispute was averted when the Chilean Constitutional Court ruled on January 26, 2007 unconstitutional legislation that Peru said could be seen as a move by Chile to encroach on its maritime territorial sovereignty. While agreeing with the court's ruling, the Chilean government reiterated its stance that the maritime borders between the two nations were not in question and have been formally recognized by the international community

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• The recall comes a day after Peru asked the International Court of Justice at The Hague to consider the dispute. 

  • Ambassador was sent back just after the case was submitted. Find out why.

• There is a history of disputes over land and sea borders in this region, say correspondents - not only between Peru and Chile, but between Bolivia and Chile. 

   The disputes mainly date back to the 1879-1883 War of the Pacific, in which Chile took mineral-rich land from both - in the case of Bolivia, it seized its only outlet to the sea. 

  • Injustice directed from Boliva not only to Peru, but to another nation as well.