In the United Nations, there are six principal organs, one of which is the International Court of Justice (ICJ). The ICJ hears two types of cases: contentious disputes and advisory opinions. This year, the ICJ Justices will hear oral arguments for three contentious disputes and must determine how to apply relevant international laws, conventions, and treaties to the facts and circumstances of each case. One of these contentious cases is between Nicaragua and Colombia regarding a territorial and maritime dispute.

In 2001, Nicaragua filed an application with the International Court of Justice against Colombia regarding sovereignty over certain island territories and maritime features. In 1928, both parties mutually entered into the Barcenas-Esguerra Treaty, which recognized Colombia’s sovereignty over the Archipelago of San Andres and stated Nicaragua had no claim or interest of claim to the Roncador, Quitasueño and Serranilla. Additionally, the Treaty recognized Nicaragua’s sovereignty over the Mosquito Coast and the Islas Mangles, two islands of the San Andres Archipelago. Finally, it was established that the 82nd meridian west would serve as the maritime limit between both countries. 

By 1980, Nicaragua began disclaiming the validity of the 1928 Treaty altogether because it had been signed under military occupation by the United States and thus did not represent a sovereign decision. In response, Colombia would detain any boats with Nicaraguan licenses or flying the Nicaraguan flag and escort them to San Andres or back over the 82nd meridian west. 

Since then, Nicaragua holds that this alleged illegal assertion of the right to title and control of the maritime area by Colombia has impacted its citizens and their maritime economy on the Caribbean coast. Further, the citing the Convention on the Law of the Sea (1982), Nicaragua asserts they have title to the, Quitasueño, Serrana, Roncador, and Serranilla Keys, lie north of the Archipelago, since these keys and maritime features lies within their economic zone. Nicaragua brought this case before the Court requesting the Court to rule in their favor by declaring these maritime features and islands as a part of Nicaragua’s sovereignty territory.

Colombia argues the Court lacks the jurisdiction to entertain the application by Nicaragua since the issues were mutually resolved in the Barcenas Esguerra Treaty, which granted control to Colombia. Further, Nicaragua and Colombia were parties to the American Treaty on Pacific Settlement of 1948, known as the “Pact of Bogotá,” which stated, “aforesaid procedures, furthermore, may not be applied to matters already settled by arrangement between the parties.” Thus, this pact would nullify Nicaragua’s argument to question treaty validity based on U.S. occupation.

Thus, the Court must determine whether it has the jurisdiction to rule on this case. If jurisdiction is found, it should examine the validity of the 1928 Barcenas-Esguerra Treaty when considering Nicaragua’s ability to enter into a treaty while under foreign influence. Finally, the Court should decide whether Colombia or Nicaragua has title to the outlined island territories and maritime features.