The International Court of Justice in Maritime Disputes

This book critically examines the International Court of Justice's interpretation of treaties in maritime disputes, particularly focusing on the Chile-Peru case and the complexities surrounding the Santiago Declaration and tacit agreements.

The International Court of Justice in Maritime Disputes delves into the complex maritime dispute between Chile and Peru, tracing its roots back to 1952 when these nations, alongside Ecuador, claimed sovereignty over 200 nautical miles from their coastlines. This assertion is recognized as a significant contribution by developing countries to the law of the sea. The situation escalated when Peru sought the intervention of the International Court of Justice (ICJ) to delineate its maritime boundary with Chile, prompting Chile to request the dismissal of this appeal. The core issue for the ICJ was whether the treaty established by these countries had effectively defined their lateral boundary.

The book offers a critical examination of the ICJ's interpretative approach to treaties in maritime disputes, particularly focusing on the case involving Chile and Peru. It addresses two primary themes: the interpretation of the Santiago Declaration and related treaties, and the tacit agreement that purportedly defined a lateral maritime boundary extending 80 nautical miles seaward. In the first part, the author contends that the Court's conclusion—that the Santiago Declaration did not establish the lateral boundary—is flawed, as it overlooks the declaration's context, objectives, and intended purpose.

In the second part, the book critiques the ICJ's finding of a tacit agreement between the parties, arguing that this conclusion stems from a rushed interpretation of the 1954 Special Agreement. It questions the reliability of the evidence used to assess the seaward extent of the boundary and highlights the Court's failure to adequately consider the implications of contemporary developments in maritime law on the tacit agreement's content. Overall, the book provides valuable insights into the intricacies of treaty interpretation and the challenges faced in resolving maritime disputes.