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#ICJ | Judges approve a Provisional Measure on the case

[By Florencia Fernandez]

On July 26th, the Magistrates achieved a consensus on a Provisional Measure in the fourth session of the International Court of Justice (ICJ). The document began to be written in the first session, and only now, with some adaptations, was approved. The Document establishes the immediate withdraw on both parties in the area of San Juan River, and of Nicaragua’s army from Island Calero.

After that, they initiated once again the debate on how to make Nicaragua pay for its action and, despite Judge Sebutinde disapproval, concluded on a financial reparation that will be stipulated with the help of an economy expert solicited by them. This reparation shall be divided in percentages to environmental damages, social damages, and sovereignty issues.

Furthermore, Judges proposed mutual cooperation that involves labor providing and trade of supplies between the countries in order to take care of the River of San Juan so it can be navigable again. That cooperation was based on the jurisprudence of the case Pulp Mills on the River Uruguay (Argentina v. Uruguay).

In the end, two witnesses talked about the damages each country caused in the area: professor McGaulgh from Costa Rica and professor Rosa from Nicaragua, specialists in environmental issues. According to professor McGaulgh, Nicaragua’s action on building the “caño” changed the course of the river. And professor Rosa accused Costa Rica to damage the protected wetland of “Isla Portillos” while constructing the highway alongside San Juan River. Both speeches shall be considered on the final penalties

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