Today, the International Court of Justice delivered its judgment on the preliminary objections raised by Colombia in the case concerning Territorial and Maritime Dispute (Nicaragua v. Colombia). Judgment here; summary here; press release here. The dispute pertains to sovereignty over territory (islands and other maritime features) and the course of the maritime boundary between the parties. In its judgment, the Court upheld Colombia's preliminary objections insofar as they pertained to the Court's jurisdiction concerning the sovereignty over the islands of San Andrés, Providencia, and Santa Catalina. The Court found that a 1928 treaty between the parties had resolved that issue. That treaty, however, did not resolve issues concerning sovereignty over other maritime features or the maritime delimitation between the parties. On those matters, the Court found that it had jurisdiction on the basis of the Pact of Bogotá. As a result, the Court decided that it need not determine whether it also had jurisdiction under Article 36(2) of its Statute.(1) As regards the first preliminary objection to jurisdiction raised by the Republic of Colombia on the basis of Articles VI and XXXIV of the Pact of Bogotá:(a) By thirteen votes to four, Upholds the objection to its jurisdiction in so far as it concerns sovereignty over the islands of San Andrés, Providencia and Santa Catalina;
(b) Unanimously, Rejects the objection to its jurisdiction in so far as it concerns sovereignty over the other maritime features in dispute between the Parties;
(c) Unanimously, Rejects the objection to its jurisdiction in so far as it concerns the maritime delimitation between the Parties;
(2) As regards the second preliminary objection to jurisdiction raised by the Republic of Colombia relating to the declarations made by the Parties recognizing the compulsory jurisdiction of the Court:
(a) By fourteen votes to three, Upholds the objection to its jurisdiction in so far as it concerns sovereignty over the islands of San Andrés, Providencia and Santa Catalina;
(b) By sixteen votes to one, Finds that it is not necessary to examine the objection to its jurisdiction in so far as it concerns sovereignty over the other maritime features in dispute between the Parties and the maritime delimitation between the Parties;
(3) As regards the jurisdiction of the Court,
(a) Unanimously, Finds that it has jurisdiction, on the basis of Article XXXI of the Pact of Bogotá, to adjudicate upon the dispute concerning sovereignty over the maritime features claimed by the Parties other than the islands of San Andrés, Providencia and Santa Catalina;
(b) Unanimously, Finds that it has jurisdiction, on the basis of Article XXXI of the Pact of Bogotá, to adjudicate upon the dispute concerning the maritime delimitation between the Parties.
