Case brief nicaragua vs usa

CASE BRIEF (COSTA RICA V. REPUBLIC OF NICARAGUA)

I. IDENTIFICATION INFORMATION

- Nature of the case contentious case, concerning the dispute regarding Navigational and related rights of Costa Rica on the San Juan River
- Reference: navigational and related rights (Costa Rica v. Republic of Nicaragua)
- Institution: International Court of Justice.
- Date: July 13yh of 2009
- Key Words:navigational rights, navigational activities, private navigation, commerce, revenue service, vessels of war, canalization project, the Tovar-Caldera Agreement, right of free navigation.

II. FACTS
- On September 29th of 2005, the Republic of Costa Rica presented an Application instituting proceedings against the Republic of Nicaragua about a dispute corresponding Navigational and RelatedRights on the San Juan River, the Republic of Costa Rica requests the Court to adjudge and declare that Nicaragua is in breach of its international obligations in prohibit to Costa Rica the free exercise of its rights of navigation and associated rights on the San Juan River.
- The Governments of Costa Rica and Nicaragua reached an agreement on a Treaty of Limits, It established Nicaragua’sdominion and sovereign jurisdiction over the waters of the San Juan river, but at the same time affirmed Costa Rica’s navigational rights “con objetos de comercio” on the lower course of the river
- Costa Rica did not have the right of navigation on the River San Juan with vessels of war, but that it could navigate with such vessels of the Revenue Service as may be connected to navigation “for thepurposes of commerce”.
- Costa Rica presented a case against Nicaragua before the Central American Court of Justice claiming that Nicaragua had breached its obligation to consult with Costa Rica previously to entering into any canalization project in accordance with Article VIII of the 1858 Treaty, the Court said that Nicaragua had violated the Costa Rica rights written in the 1858 Treaty ofLimits and the1888 Cleveland Award.
- Costa Rica and Nicaragua agreed In the Fournier-Sevilla Agreement that both will facilitate and expedite traffic in particular through the San Juan River and agreed to co-operate to safeguard the common border.
- During the mid-1990s Nicaragua introduced, the charging of fees for passengers travelling on Costa Rican vessels navigating on the San JuanRiver and the requirement for Costa Rican vessels to stop at Nicaraguan Army posts along the river and also Nicaragua prohibited the navigation of Costa Rican vessels that transported members of Costa Rica’s police force.
- The Nicaraguan Minister of Defence and the Costa Rican Minister of Public Security signed a document, known as the Cuadra-Lizano Joint Communiqué. The text allowed for CostaRican armed police vessels to navigate on the river to re-supply their boundary posts on the Costa Rican side, provided that the Costa Rican agents in those vessels only carried their service arms and prior notice was given to the Nicaraguan authorities, which could decide on whether the Costa Rican vessels should be accompanied by a Nicaraguan escort. Nicaragua declared that it considered theCuadra-Lizano Joint Communiqué to be legally null and void. Costa Rica did not accept this unilateral declaration.
- On September 29th of 2005, Costa Rica instituted proceedings before the Court against Nicaragua with regard to its disputed navigational and related rights on the San Juan river.
III. LEGAL ISSUES:

a. Has Costa Rica got the right of free navigation on the San Juan river forpurposes of commerce?
b. Has got Nicaragua a legal obligation to notify Costa Rica of the measures it adopts to regulate navigation on the river, and to give notice and consult with Costa Rica prior to the adoption by Nicaragua of such measures?
c. Is it legal in case that Nicaragua ask to the people in the Costa Rica vessels for some kind of ID like passport to enter to navigate into...