Maritime Dispute (Peru v. Chile)
OVERVIEW OF THE CASE
On 16 January 2008, Peru filed an Application instituting proceedings against Chile concerning a dispute in relation to “the delimitation of the boundary between the maritime zones of the two States in the Pacific Ocean, beginning at a point on the coast called Concordia . . . the terminal point of the land boundary established pursuant to the Treaty . . . of 3 June 1929”, and also to the recognition in favour of Peru of a “maritime zone lying within 200 nautical miles of Peru’s coast, and thus appertaining to Peru, but which Chile considers to be part of the high seas”. In its Application, Peru claimed that “the maritime zones between Chile and Peru have never been delimited by agreement or otherwise” and that, accordingly, “the delimitation is to be determined by the Court in accordance with customary international law”.
As basis for the Court’s jurisdiction, Peru invoked Article XXXI of the Pact of Bogotá of 30 April 1948, to which both States were parties without reservation.
By an Order of 31 March 2008, the Court fixed 20 March 2009 and 9 March 2010 as the respective time-limits for the filing of a Memorial by Peru and a Counter-Memorial by Chile. Those pleadings were filed within the time-limits thus prescribed. Colombia and Ecuador, relying on Article 53, paragraph 1, of the Rules of Court, requested copies of the pleadings and annexed documents produced in the case. The Court, after ascertaining the views of the Parties, acceded to those requests.
By an Order of 27 April 2010, the Court authorized the submission of a Reply by Peru and a Rejoinder by Chile. It fixed 9 November 2010 and 11 July 2011 as the respective time-limits for the filing of those pleadings. On 10 January 2011, relying on Article 53, paragraph 1, of the Rules of Court, the Plurinational State of Bolivia requested that its Government be furnished with copies of the pleadings and annexed documents produced in the case. After ascertaining the views of the Parties, the Court acceded to that request.
In a Judgment rendered on 27 January 2014, the Court concluded that the maritime boundary between the Parties starts at the intersection of the parallel of latitude passing through Boundary Marker No. 1 with the low-water line, and extends for 80 nautical miles along that parallel of latitude to Point A. From this point, the maritime boundary runs along the equidistance line to Point B, and then along the 200-nautical-mile limit measured from the Chilean baselines to Point C.
In view of the circumstances of the case, the Court has defined the course of the maritime boundary between the Parties without determining the precise geographical co-ordinates. It recalled that it had not been asked to do so in the Parties’ final submissions.