Costa Rica V. Nicaragua: Case Analysis - 2015 ICJ Rep. 665

Rahul Madathil, B. Com. LL.B., Christ Academy Institute of Law, Bengaluru

Bench & Quorum

The case was pleaded before Angel M. Bocanegra J., Daniel Gutiérrez J., M. Castro R J., Nicolás Oreamuno J., Saturnino Medal J. at the Central American Court of Justice, and later in the International Court of Justice.

Procedural History

The action was commenced and maintained by the Government of Republic of Costa Rica. The lawsuit was filed against the Republic of Nicaragua on the basis of a conclusion of a treaty between the latter and the Government of the United States of North America. To be more precise, the issue was with respect to the construction of an interoceanic canal where the court considered all proceedings involved and hence, came to a decision which has been reiterated towards the end of this analysis. Allegations of potential environmental harm to the adjoining areas and the violation of certain obligations were a few of the major contentions from the representative of Costa Rica Government. The representative of the government of Costa Rica, Licentiate don Luis Castro Ureña, on the 24th of March came up with the accusations against the Government of Nicaragua with several questions of facts and laws with supports of various kinds. The evidence that was put together was considered pertinent to the action being taken by the petitioner. The bench was not full on account of the absence of a member from Nicaragua and hence, was disqualified on the first step of the proceedings. The absence was found not fixable as the judge could not return on time from the vacation, hence, the members addressed itself to His Excellency the Minister of Foreign Relations of Nicaragua and requested for his attention towards the case. They requested the minister to make necessary depositions for the completion of the court by sending in a substitute judge for the case in hand. The absent judge also clarified that he will make his best attempts to get on the next steamer and should that not be possible, he will notify the minister of such a situation. The Central American Court of Justice held that the court does not have the jurisdiction to make a decision on such a dispute and hence, the case went on to the International Court of Justice.