Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia, 2022): Commentary on the Case and the Judgment on the Merits by the International Court of Justice
Academic Article
Purpose—The article presents a commentary on the case Alleged Violations of Sover-eign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia), aiming to deliver a comprehensive summary of the case and general commentary on the most rele-vant claims and the procedural history. Design, Methodology, Approach—The article comments on the case following a pro-cedural structure, explaining the principal factual and jurisdictional issues, the appli-cation presented by Nicaragua, t he prel i mi nary except ions, and t he counterclai ms presented by Colombia during the jurisdictional phase of the case leading to the judg-ment on jurisdiction in 2016, and the decision on the merits rendered by the Court in 2022. Findings—The commentary highlights the difficulties raised before the ICJ when entertaining the admissibility of counterclaims, and studies the factual pattern that led to Nicaragua’s application as a manifestation of a conduct of resistance to international courts and tribunals. Practical Implications—The article may provide readers with in-depth knowledge of recent litigation that is relevant to the law of the sea but also the authority of the ICJ and the effectiveness of its judgments. Originality, Value—The article is one of the few case commentaries on the procedural history and legal claims before the ICJ in this very recent case that was decided by the Court in 2022.
