World Court will continue to hear Boliva-Chile dispute over sea access
But Bolivia says high-ranking Chilean officials promised on at least six occasions over the ensuing decades that they would sit down with their Bolivian counterparts to negotiate Bolivia’s access to the Pacific.
Chile’s assertion that the case did not fall under the jurisdiction of the ICJ was dismissed by the court, which means the case will continue to be heard in The Hague.
But yesterday the court rejected Chile’s argument, saying that Bolivia’s claim that Chile has an obligation to negotiate “sovereign access” to the Pacific is not dealt with in that treaty. Since the issue was not already decided by prior arrangement by the parties or by treaty in force at the time of the Pact of Bogotá, the ICJ ruled that it ultimately can hear the case.
Chile argues that a 1904 peace treaty between the two countries settled their border.
People took to the streets of La Paz in celebration of the ICJ’s decision, with many chanting “Ocean for Bolivia”. According to Bolivia, the fact that Chile debated the subject during these talks means that it recognizes there is a dispute.
The BBC reports that Bolivian President Evo Morales said it was “a day Bolivians would never forget”. In a square near the presidential palace in La Paz, hundreds gathered to celebrate, singing the national anthem and holding signs proclaiming “Sea for Bolivia”.
Bolivia will also be encouraged by a judgement by the ICJ in January 2014 which gave Peru some of the maritime territory that had been under Chile’s control since the 19th century war.
Bachelet, however, said the ICJ’s decision had no bearing on Chile’s territorial integrity and that “Bolivia hasn’t won anything” with the ruling.
Bolivia, which still retains a navy and wants a corridor to the sea to boost exports of natural gas and minerals, now has low-priced access to Chilean ports.
The worldwide Court of Justice is the United Nations’ court for resolving disputes between countries. Its rulings are binding and can not be appealed.