Associated Provincial Picture Houses Ltd v Wednesbury Corporation, Artukovic v. Rison (In the Matter of the Extradition of Artukovic), Al-Skeini v. Secretary of State for Defence. The International Court of Justice in The Hague Monday delivered its ruling on the dispute between Bolivia and neighbor Chile on access to the Pacific Ocean in which the court said that Chile "has no obligation to negotiate with Bolivia" over the matter. . As the Court observed, this alleged obligation does not include a commitment to reach an agreement on the subject-matter of the dispute.
Chile agrees with Bolivia that unilateral declarations are capable of creating legal obligations if they evidence a clear intention on the part of the author to do so. Chile’s participation in the consensus for adopting some resolutions therefore does not imply that Chile has accepted to be bound under international law by the content of these resolutions. “[w]hile estoppel focuses on the position of the State taking up a stance, and holds it to its commitments, the doctrine of legitimate expectations focuses on the position of States that have relied upon the views taken up by another State, and treats them as entitled to rely upon commitments made by the other State”.
The Treaty of Peace between Chile and Peru signed on 20 October 1883 (hereinafter the “Treaty of Ancon”) brought hostilities formally to an end between Chile and Peru. 170. This Treaty entered into force on 10 March 1905 after the instruments of ratification were exchanged between the Parties. According to Bolivia, the Parties reached some agreements that either establish or confirm Chile’s obligation to negotiate. Given that President Paz Estenssoro manifested his willingness to visit President Alessandri, in response to the invitation made by the President of Chile, it would seem particularly untimely and inconvenient to unsettle public opinion in both countries with the announcement of resorting to international organisations to deal with a problem that the Government of Bolivia has not specified, (translated by Bolivia as “has not resolved”), in its direct relations with the Government of Chile.”. I.). and aspirations of the Bolivian and Chilean peoples.
Moreover, Bolivia did not demonstrate how its position would have changed to its detriment, or suffered any prejudice because of its reliance on Chile’s alleged representations. Ms Kate Parlett, member of the Bar of England and Wales, 20 Essex Street Chambers. that the latest talks held between Chile and Bolivia were broken off, and to again urge the [S]tates directly involved in this problem to resume negotiations in an effort to find a means of making it possible to give Bolivia an outlet to the Pacific Ocean”. In January 1978, Chile informed Bolivia that the guidelines for negotiations agreed in December 1975 remained the foundation of any such negotiations. 82.
In Chile’s view, it is “self-evident” that the Parties did not conclude an international agreement. 58. Chile’s declarations were also made known to and accepted by Bolivia. 39. He added that Chile “will devote great efforts to consult [Bolivia], in light of the concrete proposals that Bolivia submits and when appropriate, the bases of direct negotiations leading, through mutual compensation and without detriment to inalienable rights, to the fulfilment of this longing”. (j) The territory ceded by Chile would be declared a Demilitarized Zone and, in accordance with previous conversations, the Bolivian Government would undertake to obtain the express guarantee of the Organization of American States with respect to the inviolability of the ceded land strip. - 15 July 2014, Written statement of Bolivia on the preliminary objection of Chile The Court observes that, under Article 2, paragraph 1 (a), of the Vienna Convention, a treaty may be “embodied . Mr. Giovanni Cisternas, Third Secretary, Ministry of Foreign Affairs of the Republic of Chile. According to Chile, the Declaration also does not refer to any previous obligation to negotiate or to sovereign access to the sea. Based on this evidence, an obligation for Chile to negotiate cannot be inferred from the Declaration of Charana.
Under the Treaty on the Transfer of Territory, Bolivia and Chile agreed. Unlike the other documents on Jus Mundi, these arbitral awards were rendered between two private parties and were initially confidential.
Through it, Chile states that it is ‘open formally to enter into a direct negotiation aimed at searching for a formula that would make it possible to give Bolivia its own sovereign access to the Pacific Ocean. 35. In this context, Bolivia refers to the Court’s jurisprudence as authority for the proposition that the absence of reaction by one Party may amount to acquiescence when the conduct of the other Party required a response (citing Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore), Judgment, I.C.J. Thus, the parties to a dispute will often resort to negotiation, but have no obligation to do so.
In Bolivia’s view, even if there is no instrument, act or conduct from which, if taken individually, an obligation to negotiate Bolivia’s sovereign access to the Pacific Ocean arises, all these elements may cumulatively have “decisive effect” for the existence of such an obligation. That aspiration will not, however, lead Bolivia to commit any act contrary to the law. On 17 July 2006, the Bolivia-Chile Working Group on Bilateral Affairs issued minutes of a meeting which became known as the “13-Point Agenda” (see paragraph 80 above). They launched a “Bolivian-Chilean mechanism of Political Consultation” to deal with bilateral issues.
The Court is however unable to conclude, on the basis of the material submitted to it, that Chile has “the obligation to negotiate with Bolivia in order to reach an agreement granting Bolivia a fully sovereign access to the Pacific Ocean” (Bolivia’s submissions, see paragraphs 13, 14 and 15 above).
An intention to become bound by international law cannot arise out of the repetition of a statement which denotes no intention to create an obligation.
40. The instruments of ratification were exchanged on 9 December 1866.
108. Many of the documents that set out these events were drafted in Spanish, and they have not always been translated by the Parties into an official language of the Court in an identical manner.
This applies also to tacit agreements. II, pp.
- 4 May 2015, Verbatim record 2015/19
141. On 19 December 1975, pursuant to the guidelines for negotiations and the Supplementary Protocol to the Treaty of Lima of 3 June 1929, Chile asked Peru whether it agreed with the territorial cession envisaged between Bolivia and Chile. 97. In Bolivia’s view, this Memorandum provides “clear evidence” of Chile’s intention to negotiate Bolivia’s sovereign access to the sea. The Court notes that Chile’s declarations and other unilateral acts on which Bolivia relies are expressed, not in terms of undertaking a legal obligation, but of willingness to enter into negotiations on the issue of Bolivia’s sovereign access to the Pacific Ocean. .
For determining the requirements that a unilateral declaration has to meet in order to be binding on a State, Bolivia refers to the Court’s jurisprudence and to the Guiding Principles applicable to unilateral declarations of States capable of creating legal obligations, adopted by the International Law Commission. 83.
Chile will always reject the resort, by Bolivia, to organizations which are not competent to resolve a matter which is already settled by Treaty and could only be modified by direct agreement, 2. Chile has never closed that door to Bolivia”.
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