Readiness and Willingness Under Section 16(c) Is Not a Ritualistic Phrase — Plaintiff Must Prove It With Substance, Not Just Words: Karnataka High Court FIR in Disproportionate Assets Case Quashed: Patna High Court Slams SP for 'Non-Application of Mind' and 'Absence of Credible Source Information' Ownership of Vehicle Linked to Commercial Quantity of Heroin – Custodial Interrogation Necessary: Punjab & Haryana High Court Denies Anticipatory Bail under Section 482 BNSS Death Caused by Rash Driving Is Not a Private Dispute — No FIR Quashing on Basis of Compromise in Section 106 BNS Cases: Punjab & Haryana High Court No Bank Can Override Court Orders: Rajasthan High Court Slams Axis Bank for Unauthorized Withdrawal from Court-Ordered FD" Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC No Work No Pay Is Not a Universal Rule: Punjab & Haryana High Court Dock Identification Without Prior TIP Is Absolutely Useless: P&H High Court Upholds Acquittal in Attempt to Murder Case Filing Forged Court Pleadings in Union Government’s Name is Criminal Contempt: Karnataka High Court Sentences Litigant to Jail Execution of Will Proved, But Probate Justly Denied Due to Concealment of Property Sale: Delhi High Court Mere Designation Doesn’t Establish Criminal Liability: Bombay High Court Quashes Proceedings Against ICICI Officials in Octroi Evasion Case Fraud on Power Voids the Order: Supreme Court Quashes FIR Against Karnataka BJP Leader R. Ashoka, Slams Politically Motivated Prosecution Cause of Fire Is Immaterial If Fire Itself Is Insured Peril: Supreme Court Rebukes Insurer’s Repudiation Dragging a Trained Army Officer Up 20 Steps Without Resistance? The Story Lacks Credence: Supreme Court Upholds Acquittal in Army Officer’s Murder Semen Stains Alone Do Not Prove Rape: Supreme Court Acquits Doctor Accused of Rape No Mortgage, No SARFAESI: Supreme Court Rules Against NEDFi, Says Recovery Action in Nagaland Without Security Agreement Was Illegal Parity Cannot Be Denied by Geography: Supreme Court Holds Jharkhand Bound by Patna HC's Judgment, Orders Pay Revision for Industries Officer Once Power Flows Continuously from a Synchronized Turbine, It Is No Longer Infirm: Supreme Court Orders TANGEDCO to Pay Fixed Charges to Penna Electricity

Nicaragua filed Application to institute proceedings against Colombia - ICJ

07 May 2024 8:19 AM

By: Admin


On 26 November 2013, Nicaragua filed an Application to institute proceedings against Colombia regarding a "dispute concerning zones declared by the Court's Judgment of 19 November 2012 [in the case concerning Territorial and Maritime Dispute (Nicaragua v. Colombia)] and the threat of the use of force by Colombia to implement these violations."

In its Application, Nicaragua requested that the Court rule that Colombia had violated a number of its international obligations and that it was obligated to make full reparation for the harm caused by its international wrongdoing.

Nicaragua based the Court's jurisdiction on Article XXXI of the Bogotá Pact. It further argued, "[m]oreover and alternatively, [that] the jurisdiction of the Court [lay] in its inherent authority to determine the actions required by its Judgments."

On December 19, 2014, Colombia filed preliminary objections to the Court's jurisdiction. The Court rendered its decision on Colombia's preliminary objections on March 17, 2016. Based on Article XXXI of the Pact of Bogotá, the Court determined that it had the authority to adjudicate the dispute regarding the alleged violations by Colombia of Nicaragua's rights in the maritime zones that, according to Nicaragua, the Court declared in its 19 November 2012 ruling belong to Nicaragua.

Colombia submitted four counterclaims in its Counter-Memorial on November 17, 2016. The first was based on Nicaragua's alleged breach of its duty of due diligence to protect and preserve the marine environment of the southwestern Caribbean Sea; the second was based on Nicaragua's alleged breach of its duty of due diligence to protect the right of the inhabitants of the San Andrés Archipelago to enjoy a healthy, sound, and sustainable environment; and the third was based on Nicaragua's alleged violation of the artisanal fishing rights of the inhabitants.

In an Order on the aforementioned counterclaims issued on 15 November 2017, the Court determined that the first and second counterclaims submitted by Colombia were inadmissible as such and did not form part of the ongoing proceedings, while the third and fourth counterclaims submitted by Colombia were admissible as such and did form part of the ongoing proceedings.

Between 20 September and 1 October 2021, hybrid-style public hearings on the merits of the case were held.

The Court rendered its decision on the merits on 21 April 2022, finding that Colombia had violated Nicaragua's sovereign rights and jurisdiction in the latter's exclusive economic zone.

D.D :- 21 April 2022

Nicaragua V/S Colombia

Latest Legal News