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Costa Rica–Nicaragua San Juan River border dispute

October 27, 2023

The Nicaragua–Costa Rica San Juan River border dispute was a series of periodical conflicts between the Costa Rica and Nicaragua over the correct delimitation of their common border at its east-end, and the interpretation of the navigation rights on the San Juan River established in the Cañas-Jerez Treaty of 1858.[2]

Sketch of the Greytown (San Juan del Norte) harbor area, contained in the first arbitral award given by Gen. Edward Porter Alexander on September 30, 1897, indicating the boundary line between Nicaragua and Costa Rica as determined by that award.[1]

The most recent disputes include an interpretation about the scope and limits of Costa Rica's rights for free navigation and Nicaragua's sovereign control over the San Juan River, which was resolved by the International Court of Justice in 2009; and the ongoing dispute that began in October 2010 regarding the dredging of San Juan River, in the area of Isla Calero. This last dispute was referred in the media as the Google Maps War.[3][2]

History edit

According to the Cañas-Jerez Treaty of 1858, reaffirmed in arbitration by President Grover Cleveland of the United States in 1888 and interpreted by the Central American Court of Justice in 1916 (case Costa Rica v. Nicaragua), Nicaragua is sovereign over the Río San Juan, and Costa Rica has the right to navigate over part of the river with articles for trade which in case of need, as determined by Nicaragua can be accompanied by revenue cutters. The treaty also states that no taxes would be imposed on Costa Rican trade in goods except those accepted by mutual agreement.

Historically, the possibility that the Río San Juan might become the route for a Nicaragua Canal has exacerbated the dispute. The construction of the Panama Canal as well as Nicaragua's dry ecocanal project have largely deflated this motive for friction.[citation needed]

2009 International Court of Justice case edit

A dispute emerged in 1998 when Nicaragua forbade the transit of Costa Rican policemen in the river, which Nicaragua claims to be a breach of sovereignty, and unilaterally imposed a US$25 tax for any Costa Rican tourists who enter the San Juan river, as persons are not objects of trade but subjects of trade and are, therefore, not covered by the treaty. This and other subjects were the subjects of a case in the International Court of Justice.

On July 13, 2009, the International Court of Justice published the following ruling:[4]

  1. As regards Costa Rica's navigational rights on the San Juan river under the 1858 Treaty, in that part where navigation is common, the court finds: that Costa Rica has the right of free navigation on the San Juan river for purposes of commerce including the transport of passengers and the transport of tourists. People travelling on the San Juan river on board Costa Rican vessels exercising Costa Rica's right of free navigation are not required to obtain Nicaraguan visas or to purchase tourist cards. That the inhabitants of the Costa Rican bank of the San Juan river have the right to navigate on the river between the riparian communities for the purposes of the essential needs of everyday life which require expeditious transportation. That Costa Rica has the right of navigation on the San Juan River with official vessels used solely, in specific situations, to provide essential services for the inhabitants of the riparian areas where expeditious transportation is a condition for meeting the inhabitants' requirements. That Costa Rica does not have the right of navigation on the San Juan river with vessels carrying out police functions. That Costa Rica does not have the right of navigation on the San Juan river for the purposes of the exchange of personnel of the police border posts along the right bank of the river and of the re-supply of these posts, with official equipment, including service arms and ammunition.
  2. As regards Nicaragua's right to regulate navigation on the San Juan river, in that part where navigation is common, the court finds that Nicaragua has the right to require Costa Rican vessels and their passengers to stop at the first and last Nicaraguan post on their route along the San Juan River; That Nicaragua has the right to require persons travelling on the San Juan river to carry a passport or an identity document; that Nicaragua has the right to issue departure clearance certificates to Costa Rican vessels exercising Costa Rica's right of free navigation but does not have the right to request the payment of a charge for the issuance of such certificates; that Nicaragua has the right to impose timetables for navigation on vessels navigating on the San Juan River; that Nicaragua has the right to require Costa Rican vessels fitted with masts or turrets to display the Nicaraguan flag;
  3. As regards subsistence fishing, the court Finds that fishing by the inhabitants of the Costa Rican bank of the San Juan river for subsistence purposes from that bank is to be respected by Nicaragua as a customary right;
  4. As regards Nicaragua's compliance with its international obligations under the 1858 Treaty, the court finds that Nicaragua is not acting in accordance with its obligations under the 1858 Treaty when it requires persons travelling on the San Juan River on board Costa Rican vessels exercising Costa Rica's right of free navigation to obtain Nicaraguan visas; when it requires persons travelling on the San Juan River on board Costa Rican vessels exercising Costa Rica's right of free navigation to purchase Nicaraguan tourist cards; and when it requires the operators of vessels exercising Costa Rica's right of free navigation to pay charges for departure clearance certificates.

2010 Isla Calero dispute edit

 
The boundary between Costa Rica and Nicaragua as claimed by the Nicaraguan and Costa Rican governments, autumn 2010. Note: the area shown as "Calero Island" is not that island.[5]

On October 8, 2010, the Nicaraguan government initiated operations to dredge 33 kilometres (21 mi) of the San Juan River, led by commander Edén Pastora.[6][7] On October 20, the Costa Rican government complained to Nicaraguan authorities regarding an alleged violation of its sovereignty, as Nicaraguan troops had entered Costa Rican territory. Costa Rica's government said that the dredging of the river caused environmental damage in the wetlands at Isla Calero, which is part of the island nature reserve, in an area that is owned by the Costa Rican Ministry of the Environment.[7][8] Nicaragua rejected all claims and replied that, in fact, Costa Ricans had been invading its territory,[8] and the Vice President of Nicaragua commented that "We cannot invade our own territory".[9] The Costa Rican government responded by sending 70 police reinforcements to the border area on October 22.[8][10] Nicaragua stationed around 50 soldiers on the island.[9][10]

 
Map, dated March 2, 1898, from the official proceedings of the binational commission presided by engineer arbitrator Gen. Edward Porter Alexander, to define the frontier between the Republics of Nicaragua and Costa Rica.[11]

According to a Costa Rican newspaper, Edén Pastora justified his actions based on the border as shown by Google Maps and the need to combat drug trafficking.[9][12][13][14] However, Pastora denied making any claims about relying on Google Maps to determine the border, and said to the Nicaraguan press that his understanding of the border was based on the original text of the 1858 Cañas-Jerez Treaty.[15] A representative for Google Latin America stated that while "Google maps are of very high quality and Google works constantly to improve and update existing information, by no means should they be used as a reference to decide military actions between two countries."[15] He added, "In this instance Google has determined that there was an inaccuracy in the shaping of the border between Costa Rica and Nicaragua and is working to update the information as quickly as possible."[9][15] The border depiction was later corrected by Google on Google Earth and in Google Maps.[13][16]

Both countries took different approaches on how to solve the issue. Nicaragua argued it was a border dispute that should be resolved by the International Court of Justice, while Costa Rica claimed it was a military incursion and that the Organization of American States (OAS) should resolve the issue.[8]

OAS General Secretary José Miguel Insulza met with both governments and inspected the conflict area. He then called for both countries to remove all troops and security personnel from the disputed territory as a first step toward opening a dialogue to resolve the situation peacefully and demarcate the boundary to prevent further conflicts.[17] Costa Rica agreed to these terms, but Nicaragua refused to remove its troops.[14] On a meeting on November 12, by a vote of 22 to 2, the OAS ambassadors approved a resolution requesting Costa Rica and Nicaragua to pull out their troops from a conflict zone along their common border and to hold talks to settle their dispute.[18] Nicaragua's President Daniel Ortega discarded the possibility of withdrawing the troops and disregarded the OAS resolution because his government considered this organization not to have jurisdiction to resolve border disputes.[17] In the same press conference, President Ortega announced his intention to file a claim with the International Court of Justice for permission to navigate the Costa Rican Colorado River.[19]

On the political side, some commentators criticized Daniel Ortega for allegedly taking advantage of this matter to promote his re-election.[10][20] Costa Rica's President Laura Chinchilla was criticized by former President Óscar Arias for her naïve handling of the situation.[20]

On November 18, 2010, Costa Rica filed proceedings against Nicaragua in the International Court of Justice. The complaint alleged an incursion into, occupation of and use by Nicaragua's army of Costa Rican territory, breaches of Nicaragua's treaty obligations toward Costa Rica, and "ongoing and planned dredging and the construction of the canal (that) will seriously affect the flow of water to the Colorado River of Costa Rica, and will cause further damage to Costa Rican territory, including the wetlands and national wildlife protected areas located in the region". Costa Rica also filed a request for provisional measures, including the withdrawal of all Nicaraguan troops from the island, the cessation of the construction of a canal across Costa Rican territory, the immediate cessation of the dumping of sediment in Costa Rican territory and immediate cessation of the felling of trees, removal of vegetation and soil from Costa Rican territory, including its wetlands and forests.[21][22] On the same day, OAS approved a Costa Rican request, by a vote of 22 to 1 (and 7 abstentions), to convene a Consultative Meeting of OAS Ministers of Foreign Affairs to analyze the situation between Costa Rica and Nicaragua in the border zone of the San Juan River. The meeting took place on December 7, 2010.[23][24]

In March 2011, the International Court of Justice provisionally ruled that Costa Rica and Nicaragua both must refrain from sending or maintaining civilians, security forces or police in this disputed border area, but that Costa Rica was allowed to send civilian teams concerned with environmental matters. Dredging by Nicaragua within the San Juan River itself was allowed to continue since Nicaragua has sovereignty over the river proper.[25]

Later a dispute emerged regarding a road Costa Rica constructed at the border with Nicaragua. Nicaragua claimed that wetlands and national parks were being damaged. Nevertheless, Costa Rica argued it was necessary for protection from the "Sandinistas" and for providing electricity and other needs to people who live in a remote location, for whom the only previous transit method was by boat in the San Juan River.[26]

A note of clarification: the conflict is not taking place on Isla Calero, with 151.6 km2, but on Isla Portillos (located to the north of Calero) which is the eighth largest island in Costa Rica (16.8 km2), including the Refugio Nacional de Vida Silvestre Corredor Fronterizo Norte [es], according to executive decree No. 23248-MIRENEN of May 18, 1994. Isla Portillos has been confused by Nicaraguans and Costa Ricans, including the press and governments of both countries, with the larger Isla Calero.[27] In spite of this, the conflict has become known as the "Calero Island conflict".

2015 Resolution edit

On December 16, 2015, The International Court of Justice published its ruling.[28] The court found that:

  • Costa Rica has sovereignty over the disputed territory. By excavating three caños and establishing a military presence on Costa Rican territory, Nicaragua violated the territorial sovereignty of Costa Rica. By excavating two caños in 2013 and establishing a military presence in the disputed territory, Nicaragua breached the provisional ruling issued by the Court on 8 March 2011. Furthermore, Nicaragua breached Costa Rica's rights of navigation on the San Juan River pursuant to the 1858 Treaty of Limits. Nicaragua has the obligation to compensate Costa Rica for material damages caused by Nicaragua's unlawful activities on Costa Rican territory. Said compensation will be agreed upon by the parties before December 16, 2016, or, failing agreement, shall be determined by the court.
  • Costa Rica violated its obligation under general international law by failing to carry out an environmental impact assessment concerning the construction of Route 1856.

In June 2016, Costa Rica made an estimation of the damage to be paid of US$6,700,000. It accepted to make a second evaluation of the damages if Nicaragua requested it.[29]

Just before the deadline, on 6 December 2016, the president of Nicaragua Daniel Ortega publicly stated that his country was willing to pay the fine.[30] This led Costa Rica to extend the deadline for the amount agreement.

On 16 January 2017, still no agreement on the amount was reached. The Costa Rica government filled a new case to the International Court of Justice concerning new military presence on its territory[31] and asked the court to fix a final amount and a deadline concerning the 2015 resolution's compensation.

On 2 February 2018, the International Court of Justice ruled that "The total amount of compensation awarded to Costa Rica is US$378,890.59 to be paid by Nicaragua by 2 April 2018. This amount includes the principal sum of US$358,740.55 and pre-judgment interest on the compensable costs and expenses in the amount of US$20,150.04".[32]

Also on 2 February 2018, the ICJ rendered another decision in the border dispute between Nicaragua and Costa Rica regarding Isla Portillos. The court awarded the beach of Isla Portillos between the mouth of the San Juan river and Laguna Los Portillos to Costa Rica (as its intervening channel with Isla Portillos had mostly disappeared from natural forces). Nicaragua was left with just the Laguna Los Portillos and its short strip of beach. The ICJ concluded that the whole beach was Costa Rican except for the part directly between the lagoon and the Caribbean Sea - now a tiny enclave of Nicaraguan territory separated from the rest of the country.[33]

See also edit

References edit

  1. ^ John Bassett More, History and digest of the international arbitration to which the United States has been a party, U.S. House of Representatives, Misc. Doc. No. 212, (Washington, D.C.: Government Printing Office, 1898), vol. V, p. 5079; United Nations Reports of International Arbitral Awards, vol. XXVIII, p. 222 2013-10-19 at the Wayback Machine, (2007).
  2. ^ a b Frank Jacobs (February 28, 2012). "The First Google Maps War". The New York Times. from the original on 2012-05-03. Retrieved 2012-04-04.
  3. ^ Bogen, Miranda (August 26, 2016). "Google plays a trepidatious role in geopolitical affairs, looking to appease everyone". Newsweek. Retrieved 2019-12-19.
  4. ^ Case concerning the dispute regarding navigational and related rights (Costa Rica v. Nicaragua) 2015-02-02 at the Wayback Machine, International Court of Justice, 13 July 2009
  5. ^ "About Costa Rica, Nicaragua, their mutual border and Google". 2010-11-07. from the original on 2010-11-15. Retrieved 2021-05-16.
  6. ^ "Comienza dragado del Río San Juan". La Prensa (Managua) (in Spanish). 2010-10-18. from the original on 2010-11-25. Retrieved 2010-11-16.
  7. ^ a b Carlos Arguedas and Esteban Oviedo (2010-10-23). "Gobierno halla destrucción en humedal limítrofe con Nicaragua". La Nación (San José) (in Spanish). from the original on 2010-10-26. Retrieved 2010-11-14.
  8. ^ a b c d Marianela Jimenez (2010-11-02). "Costa Rica denounces alleged Nicaraguan incursion". The Washington Post. from the original on 2012-11-11. Retrieved 2010-11-14.
  9. ^ a b c d Associated Press (2010-11-11). "Nicaraguan VP: No Border Zone Troop Withdrawal". The New York Times. Retrieved 2010-11-16.
  10. ^ a b c "Dredging up votes: Daniel Ortega and the swamps of opportunism". The Economist. 2010-11-11. from the original on 2010-11-14. Retrieved 2010-11-12.
  11. ^ Original from the proceedings of the Alexander Commission, p. 33. 2 March 1898. Image taken from Charlie Hale, "Regarding the Boundary Between Costa Rica and Nicaragua," Google LatLong Blog 2010-12-02 at the Wayback Machine, 5 Nov. 2010.
  12. ^ Esteban A. Mata (2010-11-03). "Nicaragua usa 'error' en mapa de Google para justificar incursión". La Nación (San José) (in Spanish). from the original on 2010-11-08. Retrieved 2010-11-16.
  13. ^ a b Asher Moses (2010-11-12). "Conflict reaches boiling point as Google errs again". The Sidney Morning Herald. from the original on 2010-11-14. Retrieved 2010-11-12.
  14. ^ a b Peter Walker (2010-11-11). "Nicaragua to keep troops in disputed territory after Google Maps error". The Guardian. from the original on 2013-09-17. Retrieved 2010-11-16.
  15. ^ a b c Adam Williams and Tim Rogers (2010-11-05). . Tico Times. Archived from the original on 2010-11-15. Retrieved 2010-11-16.
  16. ^ "Costa Rican-Nicaraguan Country Border Updated on Google Earth". 2010-11-12. from the original on 2010-11-18. Retrieved 2010-11-14.
  17. ^ a b . La Prensa (Managua) (in Spanish). 2010-11-13. Archived from the original on 2010-11-15. Retrieved 2010-11-14.
  18. ^ "OAS urges pullout of Costa Rican, Nicaraguan troops". Yahoo News. 2010-11-13. Retrieved 2010-11-12.[permanent dead link]
  19. ^ Octavio Enríquez, Lucydalia Baca C (2010-11-14). "Nicaragua no acatará pedido OEA". La Prensa (Managua) (in Spanish). from the original on 2010-11-17. Retrieved 2010-11-16.
  20. ^ a b Alvaro Murillo (2010-11-12). "Arias critica manejo de conflicto y propone trasladarlo a la ONU". La Nación (San José) (in Spanish). from the original on 2010-11-16. Retrieved 2010-11-16.
  21. ^ Alvaro Murillo (2010-11-18). "Costa Rica lleva conflicto a Corte de La Haya". La Nación (San José) (in Spanish). from the original on 2010-11-21. Retrieved 2010-11-21.
  22. ^ (PDF). International Court of Justice Press Release No. 2010/38. 2010-11-19. Archived from the original (PDF) on January 13, 2011. Retrieved 2010-11-21.
  23. ^ Alvaro Murillo (2010-11-18). "País logra en OEA elevar reclamo a cancilleres". La Nación (San José) (in Spanish). from the original on 2010-11-23. Retrieved 2010-11-21.
  24. ^ "OAS Permanent Council Approves Resolution Introduced by Costa Rica to Convene a Consultative Meeting of Ministers of Foreign Affairs". Organization of American States Press Release. 2010-11-18. from the original on 2011-02-20. Retrieved 2010-11-21.
  25. ^ "International Court of Justice recent provisional Costa Rica-Nicaragua decision" (PDF). Archived from the original (PDF) on 2016-04-05. Retrieved 2011-04-11.
  26. ^ "SC Wire: New road along Costa Rica / Nicaragua border". Sonoran Chronicle. 29 Feb 2012. Archived from the original on 2013-02-03. Retrieved 2012-07-31.
  27. ^ Dávila, Homer (24 Nov 2010). (in Spanish). p. 16. Archived from the original on 9 March 2014. Retrieved 19 Oct 2011. Isla Portillos no es Isla Calero
  28. ^ Case Concerning Certain Activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) 2015-12-22 at the Wayback Machine, International Court of Justice, 16 December 2015
  29. ^ L. Arias (2016-12-17). "Costa Rica extends deadline to settle payment with Nicaragua for environmental damage". The Tico Times. from the original on 2017-05-14. Retrieved 2017-05-15.
  30. ^ "Nicaragua Confirms Plans to Pay Costa Rica for Environmental Damages". The Costa Rica Star. 2016-12-07. from the original on 2017-07-16. Retrieved 2017-05-27.
  31. ^ "Costa Rica sues Nicaragua over land dispute". Deutsche Welle. 2017-01-17. from the original on 2017-01-25. Retrieved 2017-05-27.
  32. ^ Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua); Construction of a Road in Costa Rica along the San Juan River (Nicaragua v. Costa Rica), I.C.J., Judgment on compensation, 2 February 2018. https://www.icj-cij.org/files/case-related/150/150-20180202-JUD-01-00-EN.pdf
  33. ^ "Costa Rica & Nicaragua Settle Border Dispute in Court". Political Geography Now. 3 Feb 2018. Retrieved 2018-02-04.

October 27, 2023
costa, rica, nicaragua, juan, river, border, dispute, nicaragua, costa, rica, juan, river, border, dispute, series, periodical, conflicts, between, costa, rica, nicaragua, over, correct, delimitation, their, common, border, east, interpretation, navigation, ri. The Nicaragua Costa Rica San Juan River border dispute was a series of periodical conflicts between the Costa Rica and Nicaragua over the correct delimitation of their common border at its east end and the interpretation of the navigation rights on the San Juan River established in the Canas Jerez Treaty of 1858 2 Sketch of the Greytown San Juan del Norte harbor area contained in the first arbitral award given by Gen Edward Porter Alexander on September 30 1897 indicating the boundary line between Nicaragua and Costa Rica as determined by that award 1 The most recent disputes include an interpretation about the scope and limits of Costa Rica s rights for free navigation and Nicaragua s sovereign control over the San Juan River which was resolved by the International Court of Justice in 2009 and the ongoing dispute that began in October 2010 regarding the dredging of San Juan River in the area of Isla Calero This last dispute was referred in the media as the Google Maps War 3 2 Contents 1 History 2 2009 International Court of Justice case 3 2010 Isla Calero dispute 4 2015 Resolution 5 See also 6 ReferencesHistory editThis section does not cite any sources Please help improve this section by adding citations to reliable sources Unsourced material may be challenged and removed November 2010 Learn how and when to remove this template message According to the Canas Jerez Treaty of 1858 reaffirmed in arbitration by President Grover Cleveland of the United States in 1888 and interpreted by the Central American Court of Justice in 1916 case Costa Rica v Nicaragua Nicaragua is sovereign over the Rio San Juan and Costa Rica has the right to navigate over part of the river with articles for trade which in case of need as determined by Nicaragua can be accompanied by revenue cutters The treaty also states that no taxes would be imposed on Costa Rican trade in goods except those accepted by mutual agreement Historically the possibility that the Rio San Juan might become the route for a Nicaragua Canal has exacerbated the dispute The construction of the Panama Canal as well as Nicaragua s dry ecocanal project have largely deflated this motive for friction citation needed 2009 International Court of Justice case editA dispute emerged in 1998 when Nicaragua forbade the transit of Costa Rican policemen in the river which Nicaragua claims to be a breach of sovereignty and unilaterally imposed a US 25 tax for any Costa Rican tourists who enter the San Juan river as persons are not objects of trade but subjects of trade and are therefore not covered by the treaty This and other subjects were the subjects of a case in the International Court of Justice On July 13 2009 the International Court of Justice published the following ruling 4 As regards Costa Rica s navigational rights on the San Juan river under the 1858 Treaty in that part where navigation is common the court finds that Costa Rica has the right of free navigation on the San Juan river for purposes of commerce including the transport of passengers and the transport of tourists People travelling on the San Juan river on board Costa Rican vessels exercising Costa Rica s right of free navigation are not required to obtain Nicaraguan visas or to purchase tourist cards That the inhabitants of the Costa Rican bank of the San Juan river have the right to navigate on the river between the riparian communities for the purposes of the essential needs of everyday life which require expeditious transportation That Costa Rica has the right of navigation on the San Juan River with official vessels used solely in specific situations to provide essential services for the inhabitants of the riparian areas where expeditious transportation is a condition for meeting the inhabitants requirements That Costa Rica does not have the right of navigation on the San Juan river with vessels carrying out police functions That Costa Rica does not have the right of navigation on the San Juan river for the purposes of the exchange of personnel of the police border posts along the right bank of the river and of the re supply of these posts with official equipment including service arms and ammunition As regards Nicaragua s right to regulate navigation on the San Juan river in that part where navigation is common the court finds that Nicaragua has the right to require Costa Rican vessels and their passengers to stop at the first and last Nicaraguan post on their route along the San Juan River That Nicaragua has the right to require persons travelling on the San Juan river to carry a passport or an identity document that Nicaragua has the right to issue departure clearance certificates to Costa Rican vessels exercising Costa Rica s right of free navigation but does not have the right to request the payment of a charge for the issuance of such certificates that Nicaragua has the right to impose timetables for navigation on vessels navigating on the San Juan River that Nicaragua has the right to require Costa Rican vessels fitted with masts or turrets to display the Nicaraguan flag As regards subsistence fishing the court Finds that fishing by the inhabitants of the Costa Rican bank of the San Juan river for subsistence purposes from that bank is to be respected by Nicaragua as a customary right As regards Nicaragua s compliance with its international obligations under the 1858 Treaty the court finds that Nicaragua is not acting in accordance with its obligations under the 1858 Treaty when it requires persons travelling on the San Juan River on board Costa Rican vessels exercising Costa Rica s right of free navigation to obtain Nicaraguan visas when it requires persons travelling on the San Juan River on board Costa Rican vessels exercising Costa Rica s right of free navigation to purchase Nicaraguan tourist cards and when it requires the operators of vessels exercising Costa Rica s right of free navigation to pay charges for departure clearance certificates 2010 Isla Calero dispute edit nbsp The boundary between Costa Rica and Nicaragua as claimed by the Nicaraguan and Costa Rican governments autumn 2010 Note the area shown as Calero Island is not that island 5 On October 8 2010 the Nicaraguan government initiated operations to dredge 33 kilometres 21 mi of the San Juan River led by commander Eden Pastora 6 7 On October 20 the Costa Rican government complained to Nicaraguan authorities regarding an alleged violation of its sovereignty as Nicaraguan troops had entered Costa Rican territory Costa Rica s government said that the dredging of the river caused environmental damage in the wetlands at Isla Calero which is part of the island nature reserve in an area that is owned by the Costa Rican Ministry of the Environment 7 8 Nicaragua rejected all claims and replied that in fact Costa Ricans had been invading its territory 8 and the Vice President of Nicaragua commented that We cannot invade our own territory 9 The Costa Rican government responded by sending 70 police reinforcements to the border area on October 22 8 10 Nicaragua stationed around 50 soldiers on the island 9 10 nbsp Map dated March 2 1898 from the official proceedings of the binational commission presided by engineer arbitrator Gen Edward Porter Alexander to define the frontier between the Republics of Nicaragua and Costa Rica 11 According to a Costa Rican newspaper Eden Pastora justified his actions based on the border as shown by Google Maps and the need to combat drug trafficking 9 12 13 14 However Pastora denied making any claims about relying on Google Maps to determine the border and said to the Nicaraguan press that his understanding of the border was based on the original text of the 1858 Canas Jerez Treaty 15 A representative for Google Latin America stated that while Google maps are of very high quality and Google works constantly to improve and update existing information by no means should they be used as a reference to decide military actions between two countries 15 He added In this instance Google has determined that there was an inaccuracy in the shaping of the border between Costa Rica and Nicaragua and is working to update the information as quickly as possible 9 15 The border depiction was later corrected by Google on Google Earth and in Google Maps 13 16 Both countries took different approaches on how to solve the issue Nicaragua argued it was a border dispute that should be resolved by the International Court of Justice while Costa Rica claimed it was a military incursion and that the Organization of American States OAS should resolve the issue 8 OAS General Secretary Jose Miguel Insulza met with both governments and inspected the conflict area He then called for both countries to remove all troops and security personnel from the disputed territory as a first step toward opening a dialogue to resolve the situation peacefully and demarcate the boundary to prevent further conflicts 17 Costa Rica agreed to these terms but Nicaragua refused to remove its troops 14 On a meeting on November 12 by a vote of 22 to 2 the OAS ambassadors approved a resolution requesting Costa Rica and Nicaragua to pull out their troops from a conflict zone along their common border and to hold talks to settle their dispute 18 Nicaragua s President Daniel Ortega discarded the possibility of withdrawing the troops and disregarded the OAS resolution because his government considered this organization not to have jurisdiction to resolve border disputes 17 In the same press conference President Ortega announced his intention to file a claim with the International Court of Justice for permission to navigate the Costa Rican Colorado River 19 On the political side some commentators criticized Daniel Ortega for allegedly taking advantage of this matter to promote his re election 10 20 Costa Rica s President Laura Chinchilla was criticized by former President oscar Arias for her naive handling of the situation 20 On November 18 2010 Costa Rica filed proceedings against Nicaragua in the International Court of Justice The complaint alleged an incursion into occupation of and use by Nicaragua s army of Costa Rican territory breaches of Nicaragua s treaty obligations toward Costa Rica and ongoing and planned dredging and the construction of the canal that will seriously affect the flow of water to the Colorado River of Costa Rica and will cause further damage to Costa Rican territory including the wetlands and national wildlife protected areas located in the region Costa Rica also filed a request for provisional measures including the withdrawal of all Nicaraguan troops from the island the cessation of the construction of a canal across Costa Rican territory the immediate cessation of the dumping of sediment in Costa Rican territory and immediate cessation of the felling of trees removal of vegetation and soil from Costa Rican territory including its wetlands and forests 21 22 On the same day OAS approved a Costa Rican request by a vote of 22 to 1 and 7 abstentions to convene a Consultative Meeting of OAS Ministers of Foreign Affairs to analyze the situation between Costa Rica and Nicaragua in the border zone of the San Juan River The meeting took place on December 7 2010 23 24 In March 2011 the International Court of Justice provisionally ruled that Costa Rica and Nicaragua both must refrain from sending or maintaining civilians security forces or police in this disputed border area but that Costa Rica was allowed to send civilian teams concerned with environmental matters Dredging by Nicaragua within the San Juan River itself was allowed to continue since Nicaragua has sovereignty over the river proper 25 Later a dispute emerged regarding a road Costa Rica constructed at the border with Nicaragua Nicaragua claimed that wetlands and national parks were being damaged Nevertheless Costa Rica argued it was necessary for protection from the Sandinistas and for providing electricity and other needs to people who live in a remote location for whom the only previous transit method was by boat in the San Juan River 26 A note of clarification the conflict is not taking place on Isla Calero with 151 6 km2 but on Isla Portillos located to the north of Calero which is the eighth largest island in Costa Rica 16 8 km2 including the Refugio Nacional de Vida Silvestre Corredor Fronterizo Norte es according to executive decree No 23248 MIRENEN of May 18 1994 Isla Portillos has been confused by Nicaraguans and Costa Ricans including the press and governments of both countries with the larger Isla Calero 27 In spite of this the conflict has become known as the Calero Island conflict 2015 Resolution editOn December 16 2015 The International Court of Justice published its ruling 28 The court found that Costa Rica has sovereignty over the disputed territory By excavating three canos and establishing a military presence on Costa Rican territory Nicaragua violated the territorial sovereignty of Costa Rica By excavating two canos in 2013 and establishing a military presence in the disputed territory Nicaragua breached the provisional ruling issued by the Court on 8 March 2011 Furthermore Nicaragua breached Costa Rica s rights of navigation on the San Juan River pursuant to the 1858 Treaty of Limits Nicaragua has the obligation to compensate Costa Rica for material damages caused by Nicaragua s unlawful activities on Costa Rican territory Said compensation will be agreed upon by the parties before December 16 2016 or failing agreement shall be determined by the court Costa Rica violated its obligation under general international law by failing to carry out an environmental impact assessment concerning the construction of Route 1856 In June 2016 Costa Rica made an estimation of the damage to be paid of US 6 700 000 It accepted to make a second evaluation of the damages if Nicaragua requested it 29 Just before the deadline on 6 December 2016 the president of Nicaragua Daniel Ortega publicly stated that his country was willing to pay the fine 30 This led Costa Rica to extend the deadline for the amount agreement On 16 January 2017 still no agreement on the amount was reached The Costa Rica government filled a new case to the International Court of Justice concerning new military presence on its territory 31 and asked the court to fix a final amount and a deadline concerning the 2015 resolution s compensation On 2 February 2018 the International Court of Justice ruled that The total amount of compensation awarded to Costa Rica is US 378 890 59 to be paid by Nicaragua by 2 April 2018 This amount includes the principal sum of US 358 740 55 and pre judgment interest on the compensable costs and expenses in the amount of US 20 150 04 32 Also on 2 February 2018 the ICJ rendered another decision in the border dispute between Nicaragua and Costa Rica regarding Isla Portillos The court awarded the beach of Isla Portillos between the mouth of the San Juan river and Laguna Los Portillos to Costa Rica as its intervening channel with Isla Portillos had mostly disappeared from natural forces Nicaragua was left with just the Laguna Los Portillos and its short strip of beach The ICJ concluded that the whole beach was Costa Rican except for the part directly between the lagoon and the Caribbean Sea now a tiny enclave of Nicaraguan territory separated from the rest of the country 33 See also editForeign relations of Costa Rica Foreign relations of Nicaragua List of territorial disputes Territorial dispute Territorial disputes of NicaraguaReferences edit John Bassett More History and digest of the international arbitration to which the United States has been a party U S House of Representatives Misc Doc No 212 Washington D C Government Printing Office 1898 vol V p 5079 United Nations Reports of International Arbitral Awards vol XXVIII p 222 Archived 2013 10 19 at the Wayback Machine 2007 a b Frank Jacobs February 28 2012 The First Google Maps War The New York Times Archived from the original on 2012 05 03 Retrieved 2012 04 04 Bogen Miranda August 26 2016 Google plays a trepidatious role in geopolitical affairs looking to appease everyone Newsweek Retrieved 2019 12 19 Case concerning the dispute regarding navigational and related rights Costa Rica v Nicaragua Archived 2015 02 02 at the Wayback Machine International Court of Justice 13 July 2009 About Costa Rica Nicaragua their mutual border and Google 2010 11 07 Archived from the original on 2010 11 15 Retrieved 2021 05 16 Comienza dragado del Rio San Juan La Prensa Managua in Spanish 2010 10 18 Archived from the original on 2010 11 25 Retrieved 2010 11 16 a b Carlos Arguedas and Esteban Oviedo 2010 10 23 Gobierno halla destruccion en humedal limitrofe con Nicaragua La Nacion San Jose in Spanish Archived from the original on 2010 10 26 Retrieved 2010 11 14 a b c d Marianela Jimenez 2010 11 02 Costa Rica denounces alleged Nicaraguan incursion The Washington Post Archived from the original on 2012 11 11 Retrieved 2010 11 14 a b c d Associated Press 2010 11 11 Nicaraguan VP No Border Zone Troop Withdrawal The New York Times Retrieved 2010 11 16 a b c Dredging up votes Daniel Ortega and the swamps of opportunism The Economist 2010 11 11 Archived from the original on 2010 11 14 Retrieved 2010 11 12 Original from the proceedings of the Alexander Commission p 33 2 March 1898 Image taken from Charlie Hale Regarding the Boundary Between Costa Rica and Nicaragua Google LatLong Blog Archived 2010 12 02 at the Wayback Machine 5 Nov 2010 Esteban A Mata 2010 11 03 Nicaragua usa error en mapa de Google para justificar incursion La Nacion San Jose in Spanish Archived from the original on 2010 11 08 Retrieved 2010 11 16 a b Asher Moses 2010 11 12 Conflict reaches boiling point as Google errs again The Sidney Morning Herald Archived from the original on 2010 11 14 Retrieved 2010 11 12 a b Peter Walker 2010 11 11 Nicaragua to keep troops in disputed territory after Google Maps error The Guardian Archived from the original on 2013 09 17 Retrieved 2010 11 16 a b c Adam Williams and Tim Rogers 2010 11 05 Google Maps Blamed for Conflict Between Costa Rica and Nicaragua Tico Times Archived from the original on 2010 11 15 Retrieved 2010 11 16 Costa Rican Nicaraguan Country Border Updated on Google Earth 2010 11 12 Archived from the original on 2010 11 18 Retrieved 2010 11 14 a b Tropas se mantendran en territorio nicaraguense La Prensa Managua in Spanish 2010 11 13 Archived from the original on 2010 11 15 Retrieved 2010 11 14 OAS urges pullout of Costa Rican Nicaraguan troops Yahoo News 2010 11 13 Retrieved 2010 11 12 permanent dead link Octavio Enriquez Lucydalia Baca C 2010 11 14 Nicaragua no acatara pedido OEA La Prensa Managua in Spanish Archived from the original on 2010 11 17 Retrieved 2010 11 16 a b Alvaro Murillo 2010 11 12 Arias critica manejo de conflicto y propone trasladarlo a la ONU La Nacion San Jose in Spanish Archived from the original on 2010 11 16 Retrieved 2010 11 16 Alvaro Murillo 2010 11 18 Costa Rica lleva conflicto a Corte de La Haya La Nacion San Jose in Spanish Archived from the original on 2010 11 21 Retrieved 2010 11 21 Costa Rica institutes proceedings against Nicaragua and requests the Court to indicate provisional measures PDF International Court of Justice Press Release No 2010 38 2010 11 19 Archived from the original PDF on January 13 2011 Retrieved 2010 11 21 Alvaro Murillo 2010 11 18 Pais logra en OEA elevar reclamo a cancilleres La Nacion San Jose in Spanish Archived from the original on 2010 11 23 Retrieved 2010 11 21 OAS Permanent Council Approves Resolution Introduced by Costa Rica to Convene a Consultative Meeting of Ministers of Foreign Affairs Organization of American States Press Release 2010 11 18 Archived from the original on 2011 02 20 Retrieved 2010 11 21 International Court of Justice recent provisional Costa Rica Nicaragua decision PDF Archived from the original PDF on 2016 04 05 Retrieved 2011 04 11 SC Wire New road along Costa Rica Nicaragua border Sonoran Chronicle 29 Feb 2012 Archived from the original on 2013 02 03 Retrieved 2012 07 31 Davila Homer 24 Nov 2010 Isla Portillos Territorio costarricense de las cuestiones historicas limitrofes y geograficas in Spanish p 16 Archived from the original on 9 March 2014 Retrieved 19 Oct 2011 Isla Portillos no es Isla Calero Case Concerning Certain Activities carried out by Nicaragua in the Border Area Costa Rica v Nicaragua Archived 2015 12 22 at the Wayback Machine International Court of Justice 16 December 2015 L Arias 2016 12 17 Costa Rica extends deadline to settle payment with Nicaragua for environmental damage The Tico Times Archived from the original on 2017 05 14 Retrieved 2017 05 15 Nicaragua Confirms Plans to Pay Costa Rica for Environmental Damages The Costa Rica Star 2016 12 07 Archived from the original on 2017 07 16 Retrieved 2017 05 27 Costa Rica sues Nicaragua over land dispute Deutsche Welle 2017 01 17 Archived from the original on 2017 01 25 Retrieved 2017 05 27 Certain Activities Carried Out by Nicaragua in the Border Area Costa Rica v Nicaragua Construction of a Road in Costa Rica along the San Juan River Nicaragua v Costa Rica I C J Judgment on compensation 2 February 2018 https www icj cij org files case related 150 150 20180202 JUD 01 00 EN pdf Costa Rica amp Nicaragua Settle Border Dispute in Court Political Geography Now 3 Feb 2018 Retrieved 2018 02 04 Retrieved from https en wikipedia org w index php title Costa Rica Nicaragua San Juan River border dispute amp oldid 1145166062, wikipedia, wiki, book, books, library,

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