Land, Island and Maritime Frontier Dispute (El Salvador/Honduras), Application to Intervene

1991 ◽  
Vol 85 (4) ◽  
pp. 680-686 ◽  
Author(s):  
Steven R. Ratner

In this case before a Chamber of the International Court of Justice, El Salvador and Honduras, by a Special Agreement dated May 24, 1986, requested that the Chamber delimit the land frontier and determine the legal status of certain islands and waters in the general area of the Gulf of Fonseca. The gulf, located on the Pacific coast of Central America, is bordered by El Salvador, Honduras and Nicaragua. Nicaragua filed an application for permission to intervene in the case on November 17, 1989, pursuant to Article 62 of the Statute of the Court, which permits a state to request intervention if the state considers “that it has an interest of a legal nature which may be affected by the decision in the case.”

2018 ◽  
Vol 34 (2) ◽  
Author(s):  
Nguyễn Bá Diến ◽  
Hùng Cường Nguyễn ◽  
Văn Minh Đinh Phạm

On December 11th 1986, Honduras and El Salvador sumitted a copy of the Special Agreement requesting to settle their disputes over land and sea to the International Court of Justice (ICJ). The case was resolved by the ICJ in a final judgment on September 11th1992. Through the Judgement, ICJ clarified the legal status of the historic bay and application of the principle ofeffective occupation;which becomes experiences for Vietnam in settling disputes of sovereignty over islands and delimitation of the sea, as well as using evidences and interventing in the International Court of Justice.


2021 ◽  
pp. 1-96
Author(s):  
Péter Kovács

On December 11, 2020, the International Court of Justice (ICJ or Court) delivered by majority its judgment on the merits of the litigation between Equatorial Guinea and France concerning the legal status of a building at 42 Avenue Foch, situated in Paris, in the very elegant 16th district, close to the Arc de Triomphe (Place de l'Étoile/Place Charles de Gaulle).


Author(s):  
Mathias Forteau

This chapter examines one of the most contentious issues in the jus ad bellum: whether and when international law permits a state to use force unilaterally to rescue its nationals abroad when their lives or security are threatened. It first considers the definition of the phrase ‘rescuing nationals abroad’ and the legal scope and legal nature of the justification based on the necessity of carrying out such an act. It analyses the opinion of the International Court of Justice concerning the matter before assessing the current position of international law on the permissibility of rescuing nationals abroad. It also discusses whether the use of force to rescue nationals abroad can be invoked for humanitarian assistance purposes involving non-nationals. The chapter shows that the notion of ‘rescuing nationals abroad’ is ambiguous from a legal perspective and that the legality of using force to rescue nationals abroad has remained unclear since 1945.


Author(s):  
Nico Schrijver

This chapter focuses on Article 2(4) of the UN Charter, which prohibits the use of force in international relations. After discussing pre-Charter attempts to restrict states’ freedom to resort to warfare, it examines the emergence of a normative doctrine on a bellum justum. It considers the history of Article 2(4) and the other articles of the Charter that touch on the use of force and outlines exceptions to the prohibition on the use of force, including the so-called Uniting for Peace procedure. It examines the interpretation of Article 2(4) in the practice of the General Assembly, Security Council, and International Court of Justice), together with its inclusion in a number of multilateral treaties. Finally, it assesses the question whether the use of force after 1945 conforms to the object and purpose of Article 2(4), as well as the legal status of the prohibition to use force in contemporary international law.


2014 ◽  
Vol 53 (3) ◽  
pp. 425-476 ◽  
Author(s):  
David P. Riesenberg

In 2014, the International Court of Justice (ICJ) rendered judgment in a maritime boundary dispute between Peru and Chile (Judgment). The subject of the dispute was an area of maritime space in the Pacific Ocean comprising nearly seventy thousand square kilometers, or roughly “an area the size of Sri Lanka or Georgia.”


Significance Oral hearings regarding the dispute begin at the International Court of Justice (ICJ) on March 19 and will last for nine days. The case is unusual in that the plaintiff (landlocked Bolivia) wishes to oblige the defendant (Chile) to negotiate a territorial settlement ‘in good faith’ to restore its access to the sea. Chile, which has long sought to prevent the issue becoming the subject of international jurisdiction, asserts the matter is purely bilateral. Impacts Peru is likely to play a role in any eventual scheme to give Bolivia access to the Pacific. International opinion will remain sympathetic to Bolivia’s claim but, ultimately, unable to force a solution. With Chile also taking Bolivia to the ICJ over water usage, any territorial resolution may depend on that issue’s progress.


2019 ◽  
Vol 113 (2) ◽  
pp. 347-353 ◽  
Author(s):  
Alonso Gurmendi Dunkelberg

More than thirteen decades after Chile annexed Bolivia's coastal regions, the International Court of Justice (ICJ) denied Bolivia's longstanding claim that Chile had undertaken a legal obligation to negotiate granting it sovereign access to the Pacific Ocean.


Author(s):  
George Barrie

which are normally of a bilateral nature, increasingly also affect the interests of third states. Third states may in many instances wish to intervene in such disputes. Articles 62 and 63 of the Statute of the ICJ has attempted to accommodate such an eventuality. Article 62 provides for intervention by a third state if it has an interest of a legal nature which may be affected by the ICJ’s decision in the case. Article 63 allows for member states of a multilateral treaty to intervene in cases involving the interpretation of such a treaty. Intervention under Article 62 is in the discretion of the ICJ. Intervention under Article 63 is a right. Applications to intervene under Article 62 have only been successful in three instances and, applications to intervene under Article 63 have only been successful in two instances. It is submitted that the ICJ should be more flexible in allowing third-party interventions by interpreting Articles 62 and 63 less strictly. This is more in accordance with the greater interdependence of states in the modern world and can prevent the duplication of proceedings. Such flexibility can only enhance the effectiveness of the ICJ in achieving its mandate.


2016 ◽  
Vol 55 (1) ◽  
pp. 74-91 ◽  
Author(s):  
Julian G. Ku

On September 24, 2015, the International Court of Justice (ICJ) released its judgment on the preliminary objection filed by Chile in Obligation to Negotiate Access to the Pacific Ocean.1 Chile had objected to the ICJ’s jurisdiction arguing that Bolivia’s application raises a dispute that had already been settled by the 1904 Peace Treaty Between Bolivia and Chile. The ICJ, however, rejected this jurisdictional objection and agreed to consider the merits of Bolivia’s claim that Chile has an obligation to negotiate in good faith the issue of Bolivia’s sovereign access to the Pacific Ocean.


Check List ◽  
2008 ◽  
Vol 4 (1) ◽  
pp. 18 ◽  
Author(s):  
Carlos Giovanni Rivera ◽  
Mayra Yaneth Romero de Rivera

A checklist of polychaete species recorded from El Salvador in the Pacific coast of Central America is presented (13°44'39'' N, 90°07'58'' W to 13°30'10'' N, 87°43'13'' W), including mainly estuaries, sandy beaches and sublittoral environments from El Salvador, Eastern Pacific, is reported. The checklist comprises 121 species belonging to 80 genera in 35 families currently know from the area. W onomical and ecological work carried out until now that could guide to future research.


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